Rajasthan High Court: DrPushpendra Singh Bhati, J., dismissed a civil appeal seeking to set aside a tribunal order and allow a claim application.
In the present case, the claimant’s deceased husband met with an unfortunate accident while travelling on his motorcycle towards his home. A tractor was allegedly being driven in a rash and negligent manner hit the deceased which led to his demise. An FIR was lodged against the driver of the tractor immediately thereafter.
The counsel representing the appellant/claimant, J. Gehlot submitted that the learned tribunal erred in deciding the issues and referred to the statements deposed by various witnesses. The counsel submitted the deposition of a witness who deposed that the tractor was brought for repair at a workshop but the workshop did not have the facility to repair the tractor. The counsel also drew the attention of the court to a deposition which stated that the tractor was not having any lights for its operation.
The counsel representing the respondent, M.S. Soni contended the submissions of the appellant and pointed out that one of the appellant-witnesses was actually the father of the deceased and not an eye witness. The counsel also contended by pointing out that one of the witness had deposed that the driver of the tractor was in a drunken state, however could not recognize the driver. It was also pointed out that witnesses failed to throw light on the accident in question.
The Court upon perusal of the facts and circumstances stated that the depositions of the appellant witnesses is doubtful and the question of the tractor in question is not made out conclusively, as the appellant witnesses have failed to prove any direct involvement of the tractor in question with regard to the accident. The Court also observed that since the involvement of the tractor in question is doubtful, saddling the owner of the tractor with the liability to satisfy the claim will not be possible.[Kuldeep Kaur v. Uda Ram, 2020 SCC OnLine Raj 345, decided on 05-03-2020]