SURINDER KAUR Vs. RAJ KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the award of the Motor Accident Claims Tribunal, Patiala dated November 30, 1984 vide which the claim petition filed under Section 110-A of the Motor Vehicles Act by the claimants-appellants had been dismissed.

(2.) IN the instant case the issue for consideration was whether the death of Bhajan Singh deceased was the result of the accident which had occurred due to rash and negligent diving of truck No. PBV No. 1479 by Sohan Singh, respondent. The Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal) decided this issue against the claimants by holding that the claimants had not been able to establish that it was respondent No. 2 who caused the accident or that it was the truck belonging to respondent No. 1 which was involved in the accident.

(3.) THE challenge to the award is that the Tribunal should have accepted the version of Naresh Kumar (PW-6 ). Learned Counsel for the appellants contends that the findings of the Tribunal are contrary to the evidence on record and as such Liable to be set aside.