GEETA DEVI Vs. RAJESH

JUDGEMENT

(1.) Having lost her son, Satyaveer, aged about 18 years and having lost her case before the Motor Accident Claims Tribunal, Behror, (hereinafter referred to as "the learned Tribunal"), the appellant has challenged the award dated 13th September, 2006, passed by the learned Tribunal.

(2.) The brief facts of the case are that on 26th December, 2004, Satyaveer was returning on a motorcycle alongwith his friend, Rajesh Kumar. The motorcycle was being driven by Rajesh Kumar. When the motorcycle reached near the Nagarpalika situated at Narnol Road, due to rash and negligent driving of Rajesh Kumar, the motorcycle met with an accident Satyaveer Singh sustained grievous injuries and was referred to the SMS hospital at Jaipur. But unfortunately, he expired during the course of treatment. The appellant filed a claim petition before the learned Tribunal. In order to substantiate her case, she examined two other witnesses besides herself and submitted seventeen documents. The respondents examined three witness and submitted four documents. After going through the oral and documentary evidence, the learned Tribunal dismissed the claim petition. Hence, this appeal before this Court.

(3.) Mr. B.C. Rawat, the learned Counsel for the appellant, has contended that the learned Tribunal has committed serious error in ignoring the evidence which was recorded before it, and by heavily relying on the evidence which was recorded by the Criminal Court trying the criminal case under Sections 304-A and 279 of IPC. According to the learned Counsel, the learned Tribunal should have considered the evidence produced by the appellant before the learned Tribunal itself.