A North-East soldier left severely injured when his armoured car plunged 30 feet off a mountain road in Bosnia lost his £300,000 compensation battle last night.

Private John Paul Young sued the Ministry of Defence over an accident in which his vehicle commander, Lance Corporal Steven Thirlwell, was tragically killed.

Their armoured fighting vehicle (AFV) crashed through a protective barrier, toppling 30 feet off a mountain road, as Pte Young was driving along a treacherous route between Baraci and Sipovo in Bosnia.

The smash happened in November 1996.

L/Cpl Thirlwell was in the turret of the AFV as it careered off the road after failing to negotiate the left-hand bend. He died when he was impaled on his own rifle in the headlong fall.

Pte Young, of the Green Howards, suffered multiple injuries, including broken legs. He was also stricken by post traumatic stress disorder in the aftermath of the tragedy.

Although now still serving in the army his duties are now primarily clerical, it was revealed outside court today.

Pte Young - from Loftus, near Redcar, Teesside - had no recollection of the accident, but his lawyers claimed it resulted from defects in the AFV in the shape of faulty brakes and steering mechanisms.

In September last year at Middlesborough County Court Judge Tony Briggs dismissed his damages claim against the MOD, concluding that the most probable cause of the crash was driver-error.

Pte Young challenged that ruling in the Appeal Court on grounds that the trial judge's conclusions went against the weight of the evidence about the vehicle's condition - but his appeal was rejected today by Lord Justice Kay.

The appeal judge - sitting with Lord Justice Waller and Mr Justice Lindsay - said although there were defects in the vehicle, there was also expert evidence indicating that the faults were not significant.

The vehicle had been driven before the accident without apparent major problems, while Pte Young had made no complaints about its handling before calamity struck.

Pte Young had given evidence at trial that "if he had been experiencing difficulties with the vehicle he would have stopped", said Lord Justice Kay.

He added: "There was no part of the evidence evidence that would have driven the judge to conclude that the brake-drum must have had a bearing on the happening of this accident.

"In these circumstances it seems to me impossible for the court to criticise the conclusions of the judge that the condition of the vehicle was not the explanation for the happening of this accident.

"Driver error can always take place, even with the most experienced driver driving in circumstances not under pressure."

Lord Justice Waller and Mr Justice Lindsay agreed that the appeal should be dismissed.

Mr Justice Lindsay commented that "the judge had ample evidence to justify his view that mechanical defects were not responsible for the accident".