Nisha Gupta, J. - (1.) THIS appeal Under Section 173 of the Motor Vehicles Act, 1988 against the judgment/award dated 12.6.2008 passed by Judge, MACT and Addl. District Judge (Fast Track No. 3), Jaipur Distt. Jaipur in Claim Case No. 170/2007 (870/2006) has been filed whereby the claim petition has been dismissed.
(2.) THE short facts of the case are that claimant appellants have filed a claim petition with the contention that on 12.2.2006 at about 1.00 PM, deceased Mahesh Kumar was coming out of the well in his field with the help of a bucket tied with Tractor No. RJ14 -RY -150 when the bucket overturned, he died. It was submitted that it was the negligence of the truck driver which resulted into the accident. The court below has dismissed the claim petition holding that the deceased has not died on account of use of tractor in question and it was only an accidental death of falling in the well, hence this appeal. The contention of the appellants is that eye -witness Rameshwar Lal has corroborated the fact of accident, use of offending vehicle and there was no reason for the court below for not believing the factum of accident which was well established from the evidence placed on record. The court below has not appreciated the evidence in right perspective only on the ground that FIR is delayed one, his claim petition has been dismissed, court below has also relied upon the opinion of the Investigating Agency but it is well settled that the opinion of the Investigating Agency is not binding upon the civil court, hence his claim petition be allowed.
(3.) HEARD the learned counsel for the parties and perused the impugned award as well as the original record of the case.;