RAMESH CHANDRA AND ANOTHER Vs. RAMHET
LAWS(ALL)-2018-3-241
HIGH COURT OF ALLAHABAD
Decided on March 09,2018

Ramesh Chandra And Another Appellant
VERSUS
Ramhet Respondents

JUDGEMENT

- (1.) This appeal is directed against award dated 14.12.2017 rendered by Motor Accident Claims Tribunal Court no.1 Sitapur. The claim petition has been dismissed.
(2.) Perusal of the award indicates that the main issue framed for adjudication is whether Vishwapal Bharti died on account of turning turtle of the tractor trolley owned and driven by Ramhet s/o Nandram (respondent) on 24.1.2017. It is evident from the award that registration number of the tractor trolley was not mentioned by the appellant claimant. Registered owner of the tractor trolley was not proved by the appellant/claimants. There is contradictory evidence in regard to the fact whether Ramhet was driving the tractor trolley. Under the circumstances, the tribunal has reached the conclusion to the effect that Vishwapal Bharti died in an accident, however, there is no evidence to prove that Ramhet was owner of the tractor or was driving the tractor. It has further been indicated that Ramhet has been falsely implicated because of previous enmity.
(3.) Learned counsel for the appellants has been confronted by us with the finding and has been asked to show from a single document which would establish the registration number of the tractor and the fact that the tractor was owned by Ramhet. Learned counsel has not been able to draw attention of the court towards any evidence to that effect.;


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