SARDARI Vs. SUSHIL KUMAR

JUDGEMENT

(1.) This appeal arises from the award dated 8.5.1986 of the Motor Accidents Claims Tribunal, Karnal, whereby the claim petition filed by Sardari and others with respect to death of Sardari's husband Jagiru has been dismissed on the ground that the identity of the tractor and its driver had not been proved.

(2.) On the pleadings of the parties the following issues were framed:

(3.) While dealing with issue No. 1, the Tribunal observed that from the statement of PW 6, Sardari who was travelling in a tonga which was being driven by her husband Jagiru, it was clear that the tonga had met with an accident with a tractor. It has, however, observed that Sardari had nowhere stated or even got recorded in the F.I.R. that Sushil Kumar, respondent No. 1, present in court was the tractor driver and had caused the accident despite her assertion that 3 days after the accident he had approached her for a compromise. The Tribunal then went on to decide issue No. 2 on the quantum of compensation and concluded that the claimants were entitled to Rs. 63,000 as compensation but dismissed the claim petition in view of findings arrived at on issue No. 1.