HARPAL SINGH Vs. SUCHA SINGH

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant-claimant against the impugned Award dated 11.11.1997, passed by the learned Motor Accident Claims Tribunal, Kurukshetra, (for short, 'the Tribunal'). The learned counsel for the appellants contends that the learned Tribunal erred in dismissing the claim petition filed by the claimant-appellant in the absence of any pleading to the effect that in order to prove the factum of accident, the claimant manufactured any document. Moreover, neither any issue was framed, nor any evidence was led, to this effect. Therefore, the finding could not have been returned by the learned Tribunal. It is further contended that the accident has been admitted by the insurance company as the issue regarding driving licence has been decided in favour of the appellant.

(2.) On the other hand, the learned counsel for the respondent No. 2 contends that the accident has been denied consistently and the initial burden to prove this fact was on the appellant, which he has failed to discharge.

(3.) I have heard the learned counsel for the parties and perused the record.