GAURISHANKAR S/O. RAMSINGH YADAV Vs. SPECIALTY ELETROMARS

JUDGEMENT

(1.) This Miscellaneous Appeal is directed against the award passed by the 1st Additional Member, Motor Accident Claims Tribunal, Badawni in Claim Case no. 174/2004 dated 16/03/2005, by which, the learned Tribunal dismissed the application filed by the appellant in respect to damage caused to his pairs of bullocks and the bullock cart.

(2.) The brief facts relating to the present appeal are that on 15/04/2004, the present appellant was going from village Segwal alongwith his servant Ramlal S/o Dashriya to village Thikari. Near the field of one Indraprasad, the vehicle bearing registration no. M.H.-04-AW-8440, which was driven by respondent no. 2 and which was owned by respondent no. 1 dashed against the bullock-cart of the appellant, due to which, the appellant suffered serious injuries in his right leg and out of the pair of bullock, one died and another sustained serious injuries, due to which, he was rendered useless for pulling of the cart. The cart totally destroyed in the accident. The present appellant filed two separate applications, one for compensation in respect of the injuries caused to him and which was registered as Claim Case no. 173/2004 and which was allowed and compensation was awarded and the second for damages caused to his property i.e. pair of bullocks and the bullock-cart which was registered as Claim Case no. 174/2004, against which, this present appeal is filed.

(3.) The learned Tribunal dismissed the application on the premise that the appellant failed to prove before the Tribunal that pair of the bullocks and the bullock-cart belonged to him and on this inference, the application was dismissed.