KARTAR KOUR Vs. DAYAL SINGH

JUDGEMENT

(1.) THIS is an appeal against the award dated 13. 8. 1991 passed in Motor Accident Claim Case No. 4 of 1990 by the Motor Accidents Claims Tribunal, Harda.

(2.) THE facts giving rise to this appeal are thus: The claimant (since deceased) aged 70 years, was going on his scooter on 22. 9. 1989 in the market of Harda town. At about 12. 30, newly bought Swaraj tractor, driven by respondent No. 3, owned by respondent Nos. 1 and 2 and insured with respondent No. 4 hit the scooterist as a result of which he fell down and received multiple severe injuries. First information report was lodged at the police station, Harda. The investigating agency prepared the spot-map and sent the injured for medical examination. The driver of the tractor was arrested, who, later on, was released on bail. The tractor was seized which was also given on supuradnama after its mechanical examination to the owner. The injured was shifted to Hamidia Hospital, Bhopal, where he remained as an indoor patient from 23. 9. 1989 to 28. 9. 1989 and was treated for fracture of 4th, 5th and 7th rib of left side and also for fracture of left shoulder, left clavicle and left neck humerus. He was operated for close reduction under general anaesthesia. He was advised weekly check-up. The injury report, X-ray and discharge certificate were produced and proved.

(3.) THE injured claimed compensation of Rs. 75,000. The claim was contested. The defence was that there was no accident with the tractor. The claimant examined himself and one eyewitness Sharad Kumar to prove the accident. Dr. Vinay Singh Mourya, Assistant Surgeon proved the injuries and treatment. Respondent No. 1, the owner, Raghuvirsingh examined himself, who stated that there was no accident with his tractor. However, the driver, Jaswant Singh, who was driving the tractor, did not appear in the witness-box. The Tribunal after appreciation of the evidence dismissed the claim, holding that the claimant has failed to establish that the accident was caused by the tractor.