RAM PYARI Vs. JAIPALSINGH

JUDGEMENT

(1.) THIS appeal is filed by the claimant challenging the award dated 7.9.1999 passed by Eighth Member Judge, Motor Accident Claims Tribunal, Gwalior in Claim Case No. 2/96 whereby the Claims Tribunal has dismissed the claim petition filed by the present appellants on the ground that the claimants have failed to prove that the accident has taken place with the car bearing number HYK 1, which was owned by respondent No. 2, driven by respondent No. 1 and insured by respondent No. 3.

(2.) BRIEF facts of the case are that appellant No. 1 is the widow of deceased Babulal Batham and appellants 2 and 3 are his daughters. They filed a claim petition alleging that on 5.8.1995 at about 12.00 in the noon deceased Babulal Batham, a handcart -puller was taking his cart on the railway bridge near the University. In the cart, he was carrying a Fridge. At that time, respondent No. 1 who was driving the car dashed against him from the back side which caused him injuries due to which he died.

(3.) THE Claims Tribunal after recording evidence and appreciating the same held that the claimants have failed to prove that the accident has taken place with car No. HYK 1 and consequently dismissed the claim petition. Hence, this appeal.