NIRBHAI SINGH Vs. SATYA DEVI

JUDGEMENT

(1.) THE unsuccessful appellant-the owner of the tractor trolley has preferred this appeal challenging the decision of the learned Single Judge dated 14.10.1988, thus, affirming the award of the Motor Accident Claims Tribunal dated 6.2.1984.

(2.) RESPONDENTS -the claimants being heirs of Dr. M.L. Bansal who died on account of accident between his scooter and the tractor trolley bearing No. PNL 5644 filed a claim petition. It was stated in the claim petition that Dr. M.L. Bansal lost his life on account of rash and negligent driving by Nirbhai Singh, who was driving tractor trolley, which hit the scooter of Dr. Bansal. On the pleadings of the parties a number of issues were framed regarding status of the claimants, accident between tractor trolley and the scooter and death of Dr. Bansal, amount of compensation to be paid and in what proportion. Motor Accident Claims Tribunal on considering the oral as well as documentary evidence adduced awarded a compensation of Rs. 1,95,840/-.

(3.) THE present appeal has been preferred by Nirbhai Singh, Ranjit Singh and Amar Singh. Almost identical pleas have been advanced by the counsel which did not find favour with the learned Single Judge or before the Motor Accident Claims Tribunal. Motor Accident Claims Tribunal on the basis of evidence has come to the conclusion that Dr. Bansal died on account of rash and negligent driving by the Driver of the tractor trolley, which hit the scooter thereby causing the death of Dr. Bansal. Learned Single Judge too has affirmed this finding. This finding being based on appreciation of evidence and otherwise too not vitiated calls for no interference at this stage.