SURESHCHAND Vs. PHULSINGH

JUDGEMENT

(1.) THIS appeal is directed against award dated 5.10.1983 passed by the Member, Motor Accidents Claims Tribunal, Rajgarh, in claim Case No. 22 of 1980, thereby dismissing appellant's claim on the ground that the claimant-appellant had failed to prove negligence of tractor driver, respondent No. 2.

(2.) BRIEFLY stated, the facts of the case are :

(3.) MR . N.P. Sharma, learned Counsel appearing for the appellant, has assailed this finding recorded by the Tribunal as based on most unreasonable approach to the evidence available on record and submitted that the Tribunal has completely overlooked the definition of 'proved' under Section 3 of the Evidence Act.