Kashmir Kaur and Another vs Tarlochan Kumar and Others

Rajan Gupta, J.—Present appeal has been preferred against the award passed by the tribunal rejecting the claim of the appellants. Learned counsel for the appellants has argued that claim has been wrongly rejected. Appellants were entitled to compensation as deceased Joga Singh died due to rash and negligent driving of the offending vehicle.

Learned counsel for respondent No. 3-insurance company has opposed the prayer. According to him, deceased-Joga Singh was a pillion rider on the scooter. In terms of policy, insurance company is not liable to pay. This apart, claimants failed to prove the accident. Thus, claim has been rightly rejected by the court below.

I have heard learned counsel for the parties. An accident occurred on 23.03.2003 wherein Joga Singh died. Present appeal has been preferred by widow and son of Joga Singh. A perusal of the impugned award shows that tribunal recorded evidence on the issue whether death of Joga Singh had occurred due to rash and negligent driving of the offending vehicle. It returned a finding that sufficient poof was not available to show that Joga Singh had died due to rash and negligent driving of the offending vehicle. Besides, while deciding issue No. 2, tribunal found some defects in the claim as same was not preferred by proper legal representatives. Learned counsel for the appellants has not been able to point out any infirmity with the findings arrived at by the tribunal. I, thus, find no ground to interfere in appellate jurisdiction of this court. Dismissed.