SHARMA,J - (1.) THIS appeal has been filed against the Award dated 8.6.2009 passed by Judge, Motor Accident Claims Tribunal Tonk in MACT Case No. 164/2007 whereby he dismissed the claim petition filed by the claimant - appellants.
(2.) THE facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary. Brief facts giving rise to this appeal are that the claimants filed a claim petition under Sec. 166 and 140 of the Motor Vehicles Act, 1988 before the Tribunal agaisnt the non -claimants. In the claim petition it was pleaded that claimant Smt. Ram Kanya was standing near shop of Babu Khangar then a tractor No.RJ 26 R 3778 came with high speed and hit Ram Kanya in which she sustained various injuries on 30.10.2006. At the time of accident she was pregnant and a dead child was born on 3.11.06 due to injuries. It was pleaded that accident took place due to rash and negligence of non -claimant No.1.
(3.) THE non -claimants I and 2 filed reply to the claim petition wherein it was pleaded that no accident took palace with their tractor and police had involved the tractor after three days. It was also pleaded that the child was not died due to injuries. The non -claimant No.3 filed reply to the claim petition wherein it was pleaded that vehicle was falsely involved in the accident. It was also pleaded that non -claimant No.1 was not having valid and effective licence at the time of accident. It was also pleaded that there is no provision in regard to death of unborn child.;