SURESH Vs. SURESH CHANDRA

JUDGEMENT

(1.) THIS petition has been founded upon a direct application for parole made by petitioner Shri Lal S/o Kalu Ram Meena for first regular parole under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958. This appeal has been preferred by the claimants whose claim petition was dismissed by the Tribunal vide award dt. 16.5.2011.

(2.) IT was asserted in the claim petition by the claimant that when while he was going by cycle from Shahbad to Subhagra on 17.1.2009 on the left side of the road in front of Shankar's Tapra at about 10.00 AM, a tractor no. RJ 28 RA 2937 coming from the opposite direction being driven by respondent Suresh Chandra in rash and negligent manner, hit him as a result of which he sustained injuries. It was argued that police has filed challan against the respondent no. 1 Suresh Chandra for offences under Sec. 279 and 337 of IPC. In response to the notice issued under Sec. 133 of the Motor Vehicles Act, the respondent no. 2 -Sukh Jeevan Singh -owner has admitted that respondent no. 1 Suresh Chandra was driving the vehicle at the time of accident. On being specifically asked, learned counsel for he appellant could not point out as to what type of injury was sustained by him in the accident and what is the extent of permanent disability. No evidence to this effect was laid by the appellant. The accident is alleged to have taken place on 17.1.09. The claimant in his statement did not mention the name of the driver, nor number of the tractor. In the claim petition, it was stated that claimant was going on cycle from Shahbad to Subhagra whereas in the statement before the Court, he has stated that he was going to Kushalpura. The FIR was also found to have been registered belatedly. Owing to all these facts, the Tribunal has dismissed the claim petition because there was no concrete evidence and whatever evidence was produced do not inspire confidence. I therefore do not find any merit in this appeal, which is accordingly dismissed.