MUKESH Vs. PRADEEP KUMAR

JUDGEMENT

(1.) The instant appeals have been filed by the appellants being aggrieved with the judgment and award dated 22.01.2014 passed by Judge, Motor Accident Claims Tribunal, Kushalgarh Sub -division Area, Distrcit Banswara (for short 'the tribunal' hereinafter) in Claim Case Nos. 19/2010 and 20/2010, whereby the tribunal has rejected the claim petitions filed by the appellants.

(2.) Both the claim petitions were filed by the appellants alleging that on 25.04.2008 when they (father and son) were going on feet on the road in village Amripada Lemji, respondent No.1 Pradeep Kumar hit them while driving the auto rickshaw bearing No.RJ0 -

(3.) PA -0685 in rash and negligent manner. It was alleged that appellant -Dharma received injuries in his wrist of right hand resulted in a fracture and appellant -Mukesh received a fracture in his right hand and also received simple and grievous injuries on his face and other parts of the body. In the claim petitions, it was also alleged that auto rickshaw No.RJ0 -3PA -0685 was owned by the respondent No.2 -Bharat and insured with the respondent No.3 -Insurance Company. 3. Learned tribunal, after taking into consideration the oral and documentary evidence produced by the parties, has decided the Issue No.1 against the appellants and given finding that the appellants have failed to prove that on 25.04.2008, they met with an accident with auto rickshaw No.RJ0 -3PA -0685 and received injuries. While giving this finding, the learned tribunal has dismissed the claim petitions filed by the appellants.