HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL FROM ORDER No. - 1536 of 2006 Court No. - 54 HON'BLE ANIL KUMAR-X, J. 1. Heard Sri Ram Singh, learned counsel for appellant and Sri Aditya Singh, learned counsel for respondent. 2. This appeal has been filed by the claimant-appellant against the judgment and award dated 24.01.2006 passed by the learned Additional District Judge, Court No. 7, Bareilly, in MACP No. 560 of 1998. 3. 1. Learned counsel for the appellant submitted that an accident took place on 05.07.98 at around 5:15 am in the morning when the appellant was going on a motorcycle alongwith his partner Sant Lal on Road from Pachaumi to Faridpur, and reached near Hotel Pachaumi within the circle of Police Station Faridpur, District Bareilly when the rashly and negligently driven Maruti No. UP-25D/1646 knocked down the Motorcycle No. by which the appellant sustained serious injuries. Learned counsel submitted that the appellant was treated as Bareilly Hospital for treatment and was further referred to Deepmala Hospital for further treatment where he remained admitted and was operated on wherein a machine was inserted in his right leg. It is further submitted that the appellant was employed as a Sipahi in the Police Department wherein his monthly salary was Rs. 4000/- per month. The claim was valued at Rs. 5,00,000 by the appellant, however, the tribunal has erred in rejecting the appellant's claim by holding that no evidence was adduced by the appellant/claimant to prove the accident, and further that the amount spent by the appellant in his treatment has already been reimbursed by Police Department, and therefore, the claim was rejected. 4. It was submitted that the appellant was employed as a Sipahi at the Police Department at the time of accident and his income per month was Rs. 4000/- per month and due to the said accident, the appellant had to undergo mental and physical trauma. It is further submitted that the appellant at the time of accident was on his patrol duty with his partner, and therefore, was Versus Counsel for Appellant(s) : P.K. Agarwal, Ram Singh Counsel for Respondent(s) : Aditya Singh Parihar Udai Veer Singh .....Appellant(s) New India Assurance Oc. Ltd. And Another .....Respondent(s) injured while discharging his duties. It is also submitted that as far as insufficient evidence regarding the accident is concerned, it is brought to the notice of the court, that 19.01.2006 was fixed for the adducing the evidence, however, the counsel for the petition pleaded for the case to be fixed before the Lok Adalat, thereafter, the counsel did not attend the case in the belief that the case would have been fixed before the Lok Adalat and further since the case was already under negotiation with the Insurance Company, the papers were were with the Insurance Company and therefore, the same could not be filed before the Court. 5. Per contra, learned counsel for the respondent submitted that neither any evidence to prove the fact of the accident was adduced by the appellant, nor any evidence regarding the fact that the appellant had been using his motorcycle for the discharge of his duties was adduced by the appellant. Further, it is submitted that the expenses incurred by the appellant during the course of his treatment at the hospital has already been reimbursed by the Police Department. Therefore, the judgment of the Trial Court is based on correct appreciation of evidences on record and therefore, requires no interference. 6. Heard learned Counsel for the parties and perused the record. It is evident from the records that no evidence whatsoever, has been adduced by the appellant to prove the factum of the accident or the fact that he was on his duty at the time of the accident. 7. In view of the facts and circumstances of the case and evidences on record, this court is of the view that the judgment of the Trial Court is based on the facts available on record and thereby requires no interference. 8. The present appeal is dismissed. September 25, 2026 Mukesh FAFO No. 1536 of 2006 2 (Anil Kumar-X,J.) Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad