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Judgment
S.S. Jha, J.—This appeal is by the claimants against the rejection of their claim.
Claimants filed a claim petition alleging therein that deceased Ram Akhtyar was travelling in trolley of a tractor bearing No. MP 06/J 4197 owned by respondent No. 1 and driven by respondent No. 2. Said vehicle was insured with respondent No. 3. It is contended that the tractor was being driven in a rash and negligent manner. Tractor dashed against a tree, which caused injuries in the fingers of deceased. Fingers of deceased were amputated and during treatment deceased died.
Respondents denied the claim and submitted that the deceased had not suffered any injury in the accident. Deceased Ram Akhtyar''s hands were crushed on account of fall of a stone from the house.
Claims Tribunal after appreciation of evidence recorded a finding that injuries sustained by deceased Ram Akhtyar were not on account of an accident, in which tractor was involved. Tribunal held that injuries suffered by the deceased were on account of fall of stone from the house.
Counsel for appellants submitted that P.W. 3 Ramprakash s/o Adiram has categorically deposed that Ram Akhtyar has suffered injuries while he was travelling in a tractor. He admitted that on account of accident fingers of right hand of Ram Akhtyar were amputated. He admitted in the cross-examination that when the tractor dashed against a tree hand of deceased was rubbed against the tree, which resulted into cutting of the fingers. Dr. A.K. Gupta, N.A.W. 1 who has examined the deceased immediately after accident has deposed that injury can be caused by stone on the hand of the deceased but there is no possibility of getting such injury on account of rubbing of the hand with the tree.
In the light of these evidences Claims Tribunal has held factum of accident is not proved and deceased has suffered injury on account of fall of stone from the house. The fingers of the deceased were amputated and doctor has deposed that fingers were crushed under stone. Eye-witness has not deposed that deceased fell from the tractor and on account of fall of stone from tractor his hands were crushed. On the contrary this witnesses has deposed that on account of accident hand of deceased was rubbed against a tree.
On the said evidence Claims Tribunal has not committed any error in holding that deceased has not died on account of accident. Tractor owned by respondent No. 1 was not involved in the accident. No error is committed by Claims Tribunal in dismissing the claim.
Appeal fails and is dismissed without any order as to costs.
Appeal dismissed.