RAMSINGH Vs. HARIJINDER SINGH

JUDGEMENT

(1.) This appeal is filed by the claimants being aggrieved by the award dated 18/4/2002 passed by Additional Member, Motor Accidents Claims Tribunal, Gohad, District Bhind in Claim Case No. 35 of 2000 whereby the claim petition filed by the present appellants- claimants is dismissed with a direction to refund an amount of Rs. 50,000.00 received by the claimants towards no fault liability.

(2.) Brief facts of the case are that the claimants filed a claim petition alleging that Harijinder Singh, respondent No. 1, was driving tractor No. MP 06-J 6037 rashly and negligently due to which the tractor turned turtle. Deceased Rakshpal- singh came under the tractor and died due to the injuries sustained by him. An F.I.R. was lodged by the father of the deceased Rakshpalsingh, named, Jogendrasingh in which it is mentioned that the deceased Rakshpalsingh was driving the tractor.

(3.) The claimants tried to adduce evidence that Rakshpalsingh was not driving the tractor.