A SOLDIER driving an ageing armoured vehicle which crashed on a Bosnian mountain road and killed his commanding officer has lost his £100,000 claim for damages against the Army.

The armoured fighting vehicle which Paul Young was driving was built two years before the 26-year-old private was born. He had claimed that it had defective steering and dangerous brakes.

The Green Howards soldier, from Loftus, Teesside, was driving the vehicle when he lost control and it plunged down a 30ft cliff.

His commanding officer, Lance Corporal Steven Thirlwell, also 26, died when he was impaled on his own rifle during the crash, in November 1996.

Private Young told Middlesbrough County Court that the vehicle, which was steered by two tillers, was in an unsatisfactory condition. But Judge Tony Briggs dismissed the claim, saying that Private Young was probably taken by surprise by a hairpin bend.

He said in a 45-minute judgement: "It is with expression of sympathy to the claimant because, if this was an error of judgement it was an understandable one - and one in which, in any view, he has paid a considerable price".

Tim Hartley for the Ministry of Defence said: "Given that he was a serving soldier injured in the service of his country, they take the view that it would not be right to apply for costs."

Mr Bowerman gave notice that he would appeal against the decision.

Pte Young suffered multiple injuries including broken legs. He also had post-traumatic distress syndrome after the crash, which happened eight days after he arrived in Bosnia.

After the hearing, Pte Young said: "My lawyers have advised me to make no comment in view of the intention to appeal".

His solicitor, John Coxton, said: "He is devastated because he feels that the judgement means he is responsible for his commander's death".

Giving judgement in the four-day case, Judge Briggs said: "The marks of this accident suggest that it all happened in remarkably quick time. It's easy to see how one could freeze momentarily.

"I have regrettably come to the conclusion - and I have every sympathy with Mr Young - that he has failed to establish that the condition of the brakes and the setting of the left-hand lever had anything to do with this particular accident."

Pte Young's MP, Ashok Kumar, said he would write to the ministry, asking it to make sure that vehicles were properly checked.

Dr Kumar said: "I am sure that the MoD will check all its vehicles, but we should not dismiss this matter."