Lisa Gill, J. - (1.) THIS appeal had been returned by the Lok Adalat on 13.08.2002 while observing that the finding of the Tribunal on the question of negligence in causing the accident is challenged in this appeal, therefore, it cannot be decided by the concurrence of the parties.
(2.) THE claimant -appellant in this case has challenged the award dated 17.05.2000 passed by the Motor Accident Claims Tribunal, Kaithal (hereinafter referred to as, the Tribunal') whereby the Tribunal has held that the claimant -appellant has failed to prove that he sustained injuries in an accident that took place on 28.11.1997 involving tractor -trolley bearing registration No. HR -08A -5958. The appellant had filed claim petition alleging that on 28.11.1997, he was returning from his fields at about 11.00 AM, when a tractor -trolley bearing No. HR -08A -5958 came from behind at a fast speed being driven rashly and negligently by respondent No. 1 and hit the claimant -appellant. As a result thereof, he suffered fracture of backbone and became permanently disabled. He sought compensation of Rs. 5,00,000/ -. The Tribunal has negated the claim of the appellant and has held that it could not be proved on record that claimant -appellant sustained the said injuries on account of an accident involving tractor -trolley bearing No. HR -08A -5958.
(3.) IT is contended by learned counsel for the appellant that this finding of the Tribunal is erroneous and the claimant -appellant did, in fact, sustain the injuries in the said accident stated to have taken place on 28.11.1997.;