RICKY Vs. SUCHA SINGH AND ORS.

JUDGEMENT

(1.) THIS appeal has been filed against the Award of the learned Motor Accident Claims Tribunal, Jalandhar, dated 28.07.1994.

(2.) THE appellant, Ricky @ James Kumar, is stated to have been aged 9 years at the time when the claim petition was filed before the learned Tribunal, in the year 1992. Consequently, he was represented through his father, Janak Raj, before the Tribunal, as also this Court. Vide the impugned judgment/Award, the learned Tribunal dismissed the claim petition before it, by holding that the accident in which the appellant was injured was not caused by the rash and negligent driving of the offending vehicle, driven by respondent No. 1, owned by respondent No. 2 and insured by respondent No. 3.

(3.) THE facts giving rise to the claim were that, the appellant is stated to have been standing near the "Rehri" (hand -cart) operated by his father, a fruit seller, on 16.06.1992, at about 4:00 PM, at Chowk Maqsoodan, Jalandhar.