N.D.OJHA, J. - (1.) THE first appeal has been preferred by Jeodhan Rai against the order dated 20th March, 1979 passed by the Motor Accident Claims Tribunal/III Additional District Judge, Gorakhpur dismissing the claim of the appellant for compensation under the Motor Vehicles Act.
(2.) THE facts which are necessary for the decision of this appeal are that according to the claimant Jeodhan Rai be along with his nephew Barrister Rai was going on foot to Gorakhpur University from Gol-Ghar in the district of Gorakhpur on 28th December, 1976 and that at about 2-15 P.M. a tractor belonging to Ram Lagan Tewari respondent No. 1 having its registration number as UTQ 690 dashed against him causing a fracture of his left neck of femur. The claim was contested by respondent No. 1. His case was that no accident from his tractor UTQ 690 took place at all on 28th December, 1976 as asserted by the appellant and that indeed on 28th December, 1976 the tractor was not even in his possession. According to him delivery of the tractor was given to him on 29th December, 1976.
(3.) THE Tribunal after framing necessary issues and taking into consideration the evidence produced by the parties disbelieved the version of respondent No. 1 that the tractor was not in his possession on 28th December, 1976 and that it was delivered to him only on 29th December, 1976. The Tribunal recorded specific finding that on the date of the accident respondent No. 1 was the owner of the tractor. The Tribunal also recorded a categorical finding in favour of the appellant that it was fully established that on 28th December, 1976 the appellant had met an accident with a tractor which resulted in his injuries. It, however, dismissed the claim of the appellant on the ground that he had failed to establish that the accident took place with tractor No. UTQ 690. In this view of the matter the Tribunal did not consider it necessary to determine the quantum of compensation.;