TMI Blog1995 (6) TMI 198X X X X Extracts X X X X X X X X Extracts X X X X ..... er from Sector 35 to the School, was struck, by a tractor from behind. In the accident Smt. Jasbir Kaur sustained injuries and died. Her heirs (respondents 1 to 3) filed a claim petition for award of ₹ 20,00,000/- by way of compensation. The owner and the driver of the tractor contested the claim, on the ground that the deceased was guilty of negligent driving and her two-wheeler had struck at the back side on the trolley. The insurance company contested the claim on the ground that Sant Singh was not owner of the vehicle and Nachatar Singh was not qualified to be a driver of the vehicle. 3. The Tribunal held that the accident did take place due to rash and negligent driving of the tractor by Nachhatar Singh. It further held that i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding thirty-five cubic centimeters; 2(39) semi-trailer means a trailer drawn by a motor vehicle and so constructed that a part of it. is super-imposed on, and a part of its weight is borne by, the drawing vehicle; 2(44) tractor means a motor vehicle which is not. itself constructed to carry any load (other than equipment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the following observations made by the Tribunal :- Pointed cross-examination was effected on the witness from the relevant record. The register from where the said driving licence was checked up about its genuine-ness pertains to the year 1971 and the first entry therein was of 17.3.1971 and the last entry was of 12.1.1972. The licence, however, is issued on 17.12.1990. It is thus clear that the relevant record of the relevant year was not even gauged by the Concerned official. It thus cannot be said that licence Ex.R-1 as per the statement of Mahesh Bahusar (Ex.R3) is fake and false. 8. Learned counsel has not been able to show as to how the evidence of Mahesh Bahusar could be treated as relevant for the purpose of holding that the li ..... X X X X Extracts X X X X X X X X Extracts X X X X
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