AFAQ KHAN Vs. SRIMATI RAMPYARI AND OTHERS

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 25.7.2002, passed by the Motor Accident Claims Tribunal, Sitapur in M.A.C.P. No. 320 of 2000.

(2.) THE facts giving rise to the present appeal are that on 28.11.1999 at about 3.00 p.m. deceased Roshan aged about 7 years son of claimants was hit upon by a tractor which was driven by the appellant. The deceased Roshan was seriously injured and thereafter he was taken to the hospital for treatment and on 30.11.1999 he expired. A claim petition was filed, inter alia, on various grounds. The claim was raised before the Motor Accident Claims Tribunal, Sitapur to the tune of Rs. 11,00,000. The claim was repudiated by the appellant by filing written statement and it was stated that neither he was driver of any tractor nor was the owner of any tractor. He does not know driving. The accident had occurred from some other vehicle. Therefore, he is neither responsible nor the award can be passed against him.

(3.) WE have heard the learned counsel for the appellant and the counsel for the respondents.