BALWANT SINGH Vs. TEJ PAL SINGH AND OTHERS

JUDGEMENT

(1.) Appellant has filed this appeal against the Award dated 26th April, 2002, passed in Claims Case No. 136/2000 by Second Additional Motor Accidents Claims Tribunal, Dabra.

(2.) On 24th Aug., 2000, at around 8.30 in the morning Balwant Singh alongwith his brother Narain Singh had been going to his field alongwith his buffaloes. Near Sukha Nala Cheenor Karhia road ck imant was dashed by bus No. M.P.07/F-0603. He received injuries on his body. Report of the accident was lodged at Police Station Karhia, District Gwalior at 9.30 a.m. on the same day by the brother of the deceased. On the basis of the aforesaid report an offence under Sections 279, 337 of Penal Code was registered against the driver of bus No. M.P.07/F-0603 vide Crime No. 97/2000. The police also seized the bus. The claimant filed claim application before the Claims Tribunal claiming compensation of Rs. 9 lacs. The Claims Tribunal rejected the claim application of the claimant on the ground that the claimant failed to prove that accident was caused by the bus No.M.P.07/F-0603.

(3.) Learned Counsel for the appellant has submitted that the findings of the Claims Tribunal that the accident has not been caused by bus No.M.P.07/F-0603 are perverse and the claimant is entitled compensation.