SULOCHNA Vs. GURBACHAN SINGH

JUDGEMENT

(1.) THIS first appeal is filed by the claimant who has filed an application for claiming compensation under Section 92 -A of the Motor Vehicles Act on the ground that her husband Madhukar met with the accident which resulted in his death in Gevrai town on 10.1.1984 at about 7.30 p.m. According to her, the accident was caused because of the dash given by the driver of vehicle MWA 5389 which is a tanker. She maintained that driver of the tanker was driving the tanker at a very high speed and was also driving negligently and rashly.

(2.) THE learned trial Judge of the Motor Accidents Claims Tribunal dismissed the petition of the claimant on the ground that the said accident to deceased Madhukar is not caused by the tanker bearing No. MWA 5389.

(3.) THE Learned Counsel for the Appellant contended that the finding recorded by the learned trial Judge holding that the accident is not caused by the tanker bearing No. MWA 5389 belonging to the Respondent is not correct. The evidence of claimant is not properly appreciated in coming to the conclusion that the accident is not caused by the said tanker.