KULDEEP KAUR Vs. UDA RAM

JUDGEMENT

(1.) This misc. appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred claiming the following reliefs:

(2.) Brief facts of this case, as noticed by this Court, are that an unfortunate accident had happened on 13.10.1992, when Late Shri Pal Singh was going on his motorcycle from Sri Ganganagar towards his home Chak 23 G.G., and when he was on his way and reached near Chak 9 A Chhoti Bus Stand, a Tractor bearing registration No.BHD 6191 (old number) (present No.HR 24/6292) was going from Padampur towards Sri Ganganagar. The said tractor while being driven by its driver Uda Ram in a rash and negligent manner, hit the said motorcycle, as a result whereof, Late Shri Pal Singh fell down and succumbed to the injuries caused thereby. An FIR in relation to the said accident was lodged immediately at Police Station, Choonawadh.

(3.) Learned counsel for the appellants/claimants submitted that the learned Tribunal erred in deciding issues No.1 and 2 against the appellants/claimants, as AW-3 Amritpal had deposed that while he was coming, he saw that a tractor coming from opposite direction collided with the motorcycle.