SUMAN KUMARI Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) The present appeal, filed under Section 173, Motor Vehicles Act, 1988 (hereinafter referred as "1988 Act") whereby the judgment and award dated 11.7.2007 passed by Shri Shashank Shekhar, Motor Accident claims Tribunal/Additional District Judge, Court No.1, Aligarh in MACP No.243 of 2003, dismissing the said claim petition, has been challenged.

(2.) Heard Shri Ratnesh Tewari, learned counsel for the appellants and Shri S.K. Mehrotra, learned counsel appearing for the respondents and perused the record.

(3.) Learned counsel for the appellants/claimants (hereinafter referred as "appellants") has submitted that impugned judgment and award are against the material on record and law. He submits that the appellants had duly proved the accident and manner in which it took place, but the learned tribunal has wrongly disbelieved the evidence of the appellants. He further submits that without framing any issue on the maintainability of the claim petition, the claim petition has been erroneously held to be not maintainable. In the last, he submits that the findings recorded in the judgment and award are based on surmises and conjectures, therefore, deserve to be set aside.