KESHKALI Vs. UDAY SINGH

JUDGEMENT

(1.) THIS appeal is filed by the claimant challenging the award dated 27th February, 2001 passed by Second Additional Member Judge, Motor Accident Claims Tribunal, Dabra, District Gwalior in Claim Case No. 65/2000 whereby the Claims Tribunal has dismissed the claim petition on the findings that it is not proved that the deceased Lajjaram died due to the injuries sustained in the motor Accident.

(2.) THE brief facts of the case are that on 27th April, 1989 some bones of a dead person were recovered and sent to Dr. V.N. Nagach for performing postmortem. The body was not complete and only some bones were produced hence the doctor could not perform post -mortem. A First Information Report was lodged on 27th April, 1989 alleging that the deceased Lajjaram who died due to crush injuries sustained by tractor No. MIH -7046 and trolley No. HNT -2511.

(3.) THE other witness is Kaptansingh (P.W. 2), who is brother of the deceased and says that on the date of incident he has seen the deceased boarding on the tractor. According to him the tractor was driven rashly and negligently by respondent No. 2, Uday Singh due to which deceased fell down from the tractor and was crushed under the wheels of the tractor. This witness has lodged the First Information Report. First Information Report was lodged on 27th april, 1989 in which the date of incident is mentioned as 20th April, 1989. This witness is also not an eye -witness and he has stated in para 4 of his statement that he got down from the tractor about one kilometre before the place of incident and has not seen the incident. According to him nearly 12 -15 persons were present in the tractor when Lajjaram boarded the tractor.