GULAB SINGH Vs. SHAMSHER SINGH & ORS.

JUDGEMENT

(1.) This civil misc. appeal under section 173 of the Motor Vehicles Act, 1988 has been filed against the judgment and award passed by the learned Motor Accident Claims Tribunal, Jaipur District, Jaipur (in short to be referred as, 'the Tribunal') in Claim Case No.295/96 whereby the claim petition of the petitioner has been dismissed.

(2.) Learned counsel for the appellant has contended that the learned Tribunal has committed illegality in rejecting the claim petition, therefore, the findings recorded on issues no.1 and 3 requires reconsideration and the appellant is entitled to receive compensation as claimed in the claim petition.

(3.) On the other hand, it has been contended that in an accident which took place on 18.1.1996, one Moti Singh had died. A claim petition was filed on his behalf before the learned tribunal. Other persons, namely; Hanuman and Gulab Singh also filed claim petitions. The learned tribunal finding that there was no injury on the person of the appellant and one Gulab Singh, their claim petitions were rejected. It is contended that in the absence of evidence to show that they sustained injuries in the accident, the learned tribunal was justified in rejecting the claim petition of the appellant.