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SUDEEPTI SHARMA J.

1. The present appeal has been preferred for setting aside the award dated 11.04.2009 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the learned Motor Accident Claims Tribunal, Sonipat (for short, ‘the Tribunal’), whereby, claim petition filed by the appellant/claimant was dismissed.

BRIEF FACTS OF THE CASE

2. The brief facts of the case are that petitioner Ram Kanwar had boarded an Eicher make tractor trailer at the Khubru Adda an route to village Majri, Tehsil Ganaur, district Sonipat on the late evening of June 30, 2006. The tractor-trailer arrived in the vicinity of Village Sheikhpura turning at about 10:45 p.m. where the rear side of the trailer was hit by a Tata Spacio make vehicle No.HR-56-3246. bearing registration The driver of the tractor swerved his vehicle towards the kucha berm of the road but the driver of the offending vehicle trespassed into the wrong lane and caused the accident. The petitioner was immediately shifted to Mool Chand Hospital, Ganaur for instant medical aid where MLR No.S/11/06 dated 1.7.2006 was prepared by the doctor in attendance. The matter was reported to the police and case beari