PARASHURAM PAL Vs. RAM LAKHAN RAJAWAT

JUDGEMENT

(1.) The appellants have challenged the award dated 04.01.2013 passed by M.A.C.T./Special Judge (D.D.A.) Jalaun at Orai in M.A.C.P. No. 151 of 2011: Parashuram and others Vs. Ram Lakhan Rajawat and another, whereby their claim petition for an award of compensation on account of death of Praddhumna Singh Pal alias Monu in motor accident had been rejected.

(2.) We have heard learned counsel for the appellants and perused the impugned award.

(3.) The appellants alleged in the claim petition that on 05.05.2011, deceased-Praddhumna Singh Pal alias Monu was going to attend the marriage along with his father from the Village-Bhepta to Sunaya and when their motorcycle reached at Tigara road, the driver of tractor registration no. MP-07-A.A.-3825, driving the vehicle rashly and negligently came from the opposite side and dashed with the motorcycle. In the accident, Praddhumna Singh Pal alias Monu suffered grievous injuries. He was taken to Medical Hospital, Jhansi, where he succumbed in the morning of 06.05.2011. The appellants, being parents, grand-mother, brother and sister of the deceased filed claim petition against the owner and insurer of the aforesaid tractor. The owner in his written statement denied the involvement of his vehicle stating that in the FIR neither his name nor registration number of his tractor had been mentioned. The claim petition has been filed on the basis of false and incorrect facts. The insurer of the vehicle also denied the contention of the claimants taking alternative plea of plying the tractor in violation of terms and conditions of Insurance Policy. The Tribunal framed 6 issues for adjudication. Issue no. 1 was factual issue about the accident, involvement of tractor registration no. M.P.-07-A.A.-3825 and its rash and negligent driving by its driver. The claimants filed documentary evidence and examined Parashuram Pal-P.W.1. The owner of the vehicle produced himself as D.W.-1 and the Insurance Company filed prescription of Dr. Dinesh Rajpoot. After hearing the parties' counsel and perusal of evidence on record, the Tribunal found that no doubt the deceased suffered accidental injuries on 05.05.2011 at about 7.00 P.M. and he died later on, but the claimants have failed to prove the involvement of the tractor M.P.-07-A.A.-3825. Aggrieved appellants have come up in this appeal.