- (1.) THIS appeal has been filed by the claimant appellant against the judgment passed by the tribunal.
(2.) BRIEF facts of the case are that the claimants filed a claim petition before the tribunal with regard to death of buffalo and calf in a road accident which is said to have taken place on 26 -7 -2009. Thereafter notices were issued; reply was filed; certain issues were framed and after hearing all the parties, the learned tribunal passed the judgment dated 18 -4 -2011 dismissing the claim petition.
(3.) BEING aggrieved by the aforesaid judgment, this appeal has been filed by the claimants. Learned counsel for the appellant has contended that tribunal has not properly appreciated the oral as well as documentary evidence available on record. He has further contended that the finding of the tribunal is perverse and based on a wrong notion overlooking the settled proposition of law. He has further contended that the learned tribunal dismissed the claim petition on the ground that the claimant appellant was guilty of offence under Section 289, IPC. He has further contended that the Tribunal further erred in overlooking the documentary evidence i.e. charge -sheet in which it was specifically proved that buffalo had died due to rash and negligent driving of respondent No. 1 and none of the respondent appeared in the witness box to deny the factum of rash and negligent driving. Hence the impugned judgment passed by the tribunal deserves to be quashed and set -aside.;