KAMLESH Vs. SHYAMLAL

JUDGEMENT

(1.) THIS order shall govern the orders in both the appeals as they arise out of the common accident.

(2.) MISC . Appeal No. 195/05 is filed by the claimants against the award dated 19th November, 2002 passed by IIIrd Additional Motor Accident Claims Tribunal, Dabra in Claim Case No. 23/02. Misc. Appeal No. 194/ 05 is filed by the claimant against the award dated 19th November, 2002 passed by Ilird Additional Motor Accident Claims Tribunal, Dabra in Claim Case No. 29/02.

(3.) MISC . Appeal No. 195/03 is filed by the mother and father of the deceased Poonam. Misc. Appeal No. 194/03 is filed by the appellant No. 1 Kamlesh. Learned Counsel for the appellants contended that claims Tribunal committed error in rejecting both the claim petitions on the ground that tempo number M.P.H. 04214 is not involved in the accident and reasons assigned by the Claims Tribunal is contrary to the evidence adduced by the eye-witnesses of the accident and appellant No. 1. in support of the said submission he placed reliance on the following decisions: