ROHIT MINOR Vs. DAVENDER AND OTHERS

JUDGEMENT

(1.) This is an appeal brought by the claimant against dismissal of his claim petition by learned Motor Accidents Claims Tribunal,Sonepat (for short'the Tribunal) vide award dated 21.10.2010. Learned Tribunal has found the claimant to be unsuccessful in proving issue no.1 where the claimant was to prove that the accident took place due to rash and negligent driving of tractor No. HR-16-D-3430 by Devender, respondent no.1.

(2.) The case of the claimant had been that the claimant alongwith his brother Mohit was coming from the fields on 10.01.2009 at about 1.30 PM and when they were at a distance of 2 or 3 acres from the village temple on village Juan road, a tractor bearing registration No. HR-16D-3430 alongwith trolley loaded with sugarcane came from their back side and the side of the trolley had hit the claimant, who fell down and wheel of the trolley had crossed over his right leg. He claimed to have received permanent disability as well as disfigurement and elaborate claim had sought for a sum of Rs.15,00,000/- as compensation.

(3.) Respondents no.1 and 2 denied the accident to have been an outcome of rash and negligent driving of tractor No. HR-16D-3430 by respondent no.1.