PINKI & ORS Vs. PERVEEN KUMAR & ORS

JUDGEMENT

(1.) The present petition seeks to impugn the Award dated 20.04.2007. The brief facts are that the appellant had filed the claim petition pursuant to an accident on 11.09.2004. Shri Naresh Kumar the deceased was driving his motorcycle for going to his house. At Ghoga Road near Village Harevali he is said to have been hit by a truck from behind. He fell down and sustained fatal injuries.

(2.) On the pleadings of the parties issues were framed by the Tribunal. The issues No.1 reads as follows:-

(3.) The Tribunal based on the pleadings of the parties and evidence on record, however concluded that the appellant had failed to prove that the accident had occurred due to the rash and negligent driving of respondent No.1 while driving his vehicle. Issue No.1 was held against the appellant and hence the claim petition was dismissed.