PREM BAI Vs. TARUN KUMAR SUMAN

JUDGEMENT

(1.) HEARD learned counsel for the appellant and carefully perused the impugned award dated 31st May, 2011 rendered by the Motor Accident Claims Tribunal, Aklera, District Jhalawar, whereby the learned Tribunal dismissed the claim petition filed by the claimant appellant.

(2.) LEARNED counsel for the appellant canvassed that the strict proof was not required to prove the accident having been committed by the particular vehicle and our legislation being a beneficial legislation, the Court is required to take a lenient view in such matters. Hence, the claim petition needs to be allowed and the impugned judgment deserves to be set-aside. He has cited the judgments of Hon'ble Apex Court rendered in the case of Bimla Devi and Others Versus Himachal Road Trans. Corpn. and others reported in 2009 ACJ 1725 and Nepal Singh Versus Upender Singh reported in (2008) 7 Supreme Court cases 334 in support thereof.