Court No. - 24
Case :- FIRST APPEAL FROM ORDER No. - 374 of 1994 Appellant :- Devendra Singh Respondent :- U.P.S.T.C. & Others Counsel for Appellant :- R.K. Singh,R.K. Gupta Counsel for Respondent :- Km. R. Tewari,Samir Sharma.
Hon'ble Saral Srivastava,J.
Heard Sri Abhishek Kumar appearing on behalf Sri S.K. Mishra, learned counsel for the appellant.
The present appeal has been filed challenging the order dated 07.03.1994 passed by Additional District Judge, Hamirpur whereby the claim petition was rejected.
The claim petition was instituted by the claimant appellant for injuries alleged to have been suffered by him in an accident on 28.10.1992. It was alleged that he was going on bicycle and was hit by Bus no. U.G.J. 420. The claimants in support of his case, had produced three witnesses AW-1 Parasuram Singh, AW-2 Devendra Singh and AW-3 Mahendra Singh.
The tribunal while recording the findings on the issue with regard to the accident by the aforesaid Bus disbelieved the testimony of all the three witnesses in as much as the tribunal was, after considering the testimony of all the three witnesses, of the opinion that they are contradictory and not worthy reliance.
Learned counsel for the appellant could not point out any perversity in the finding of the tribunal nor could he demonstrate that the statement of witnesses of claimant in support of his case was misread by the court below. Thus, the finding of the tribunal that accident had not taken place is a finding of act and is not liable to be interfered in appeal.
Consequently, the appeal lacks merit and is accordingly dismissed.
Order Date :- 13.9.2018 Mohit Kushwaha