RAM DHAN Vs. GYAN SINGH AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the claimant-appellant against the judgment passed by the Tribunal. Brief facts of the case are that the claimant filed a claim petition before the Tribunal with regard to injuries sustained by him in a road accident which is said to have taken place on 31.3.1999. Thereafter notices were issued; reply was filed; certain issues were framed and after hearing all the parties, the learned Tribunal passed the judgment Dt. 20.7.2006 dismissing the claim petition.

(2.) Being aggrieved by the aforesaid judgment, this appeal has been filed by the claimant.

(3.) Learned counsel for the appellant has contended that Tribunal has not properly appreciated the oral as well as documentary evidence available on record. He has further contended that the accident had occurred because of collision of both the vehicles. A challan was filed against both the drivers, in which the name of the claimant had been shown as injured witness. In these circumstances, there was no occasion for the Tribunal to disbelieve the unrebutted statements of the claimant, especially in view of the fact that there was no evidence whatsoever from any of the respondents and even nothing was asked from the claimant, which could prove that he did not sustain any injury in this accident. He has further contended that strict rules of pleadings and evidence are not applicable in the matter relating to motor accident claim cases and these matters are decided on the basis of preponderance of probabilities. The Tribunal has utterly failed to consider these aspects of the matter. Hence the impugned judgment passed by the Tribunal deserves to be quashed and set-aside.