PUSHPENDRA SINGH Vs. SAMAY SINGH ALIAS TOFANI

JUDGEMENT

(1.) IN these appeals preferred by the claimant challenge is made to the judgment dated May 26, 2005 of learned Motor Accident Claims Tribunal (Special Judge Dacoity Affected Area) Bharatpur (for short "tribunal"), whereby two claim petitions filed by the claimant were dismissed.

(2.) CONTEXTUAL facts depict that the claimant filed two separate petitions for the loss suffered by him due to the death of his wife Pinky and son Ramu in an accident alleged to have occurred on June 21, 2002 while traveling in a Tractor No. RJ05/ir-2776. The driver of the tractor drove it rashly and engligently and overturned it resulting demise of Pinky and Ramu. The respondent insurance company in its reply before the Tribunal denied the averments and pleaded that no such accident was ever occurred and the petitions were based on incorrect facts. Learned Tribunal framed as many as five issues on the basis of the pleadings of the parties. In support of claim petitions, the claimant examined himself and Deewan Singh as AW-1 and AW-2 and produced eleven documents. Two witnesses were examined on behalf of the respondents. Learned Tribunal after hearing final submissions dismissed the petitions holding that the claimant could not establish that Pinky and Ramu died due to the negligence of driver of the tractor.

(3.) I do not see any illegality in the impugned judgment of learned Tribunal that are based on proper application of ocular and documentary evidence.