NEERAJ Vs. GODHAN SINGH AND ORS.

JUDGEMENT

(1.) Master Pankaj, aged about 10 years, son of the first and second respondents (collectively, the claimants) statedly died due to injuries suffered in a motor vehicular accident that had occurred on 14.05.2006 at about 7.45 p.m. near B-10A Apartments in the area of Sector 34, Noida,U.P. due to negligent driving of a tractor bearing Registration No. HR-O-9314. The accident claim case (suit No. 359/08) instituted by the claimants on 13.12.2006 concluded with the judgment dated 23.01.2009 of the Motor Accident Claims Tribunal (Tribunal) holding the appellant, and one another (Rai Singh), as jointly and severely liable to pay the compensation which was assessed in the sum of Rs. 2,85,000/-. The finding returned by the Tribunal in the said judgment was that the appellant was the driver of the tractor at the relevant point of time, he being negligent and consequently having caused the accident.

(2.) By the appeal at hand, challenge was brought to the afore-said finding on the basis of plea that the appellant was neither the driver nor the owner of the tractor.

(3.) The submissions of the appellant and of the claimants through counsel have been heard and the tribunal's record has been perused.