SBCMA No.1348/2008 Smt. Agar Kanwar Vs. Ram Singh Bhati & Anr. 1 SBCMA No.1348/2008 Smt. Agar Kanwar Vs. Ram Singh Bhati & Anr. DATE OF ORDER : - 19.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Girish Sharda, for the appellant. Mr.AD Charan, for the respondent. <><><> Heard learned counsel for the parties. In a motor accident which occurred on 11.8.2003 by driving jeep no.RJ-19T-1022 by the driver Shiv Singh, the driver of the appellant, the claimant-respondent suffered injury. The respondent-claimant claimed Rs.9,52,000/- as damages. Even after service nobody appeared to oppose the claim and, therefore, on the basis of the evidence of the claimant and his witness Mahipal, the tribunal decided the question of fact that the accident was caused by the driver Shiv Singh by driving the jeep. Learned counsel for the appellant submitted that the accident was not caused by the jeep but in fact, it was caused by the tractor and tractor owner and tractor driver was not impleaded as party in the claim case. SBCMA No.1348/2008 Smt. Agar Kanwar Vs. Ram Singh Bhati & Anr. 2 I considered the submissions of learned counsel for the parties and perused the facts of the case. The tribunal relied upon the statement of Ram Singh and AW-1 and the evidence of NAW-1 Shiv Singh and NAW-2 Mahipal singh were found not reliable. The cogent reasons have been given by the tribunal for not accepting the evidence of the aforesaid witnesses and the tribunal has considered the material which clearly proves that accident was caused by the Jeep No.RJ19-T-1022. There is no merit in this appeal and the same is here by dismissed. (PRAKASH TATIA), J. c.p.goyal/-