Krishna Devi And Ors vs Balvinder Singh And Ors
2022 Latest Caselaw 7485 P&H

                           FAO No.3023 of 2016 (O&M)                                                  -1-


                             IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                           249                                   FAO No.3023 of 2016 (O&M)
                                                                 Reserved on : 14.07.2022
                                                                 Date of Decision : 21.07.2022


                           Krishna Devi and Others                                         ....Appellants

                                                            VERSUS

                           Balvinder Singh and Others                                     ....Respondents

                           CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                           Present :   Mr. Arun Sharma, Advocate for the appellants.

                           ALKA SARIN, J.

The present appeal has been preferred by the claimant-

appellants against the award dated 13.08.2015 passed by the Motor Accident

Claims Tribunal, Ambala (hereinafter referred to as the 'Tribunal') whereby

the claim petition filed by the claimant-appellants has been dismissed on the

ground that the factum of the accident was not proved.

Learned counsel for the appellants would contend that the eye-

witness of the accident namely, Ravinder Kumar, has been duly examined

and he has stated that he had seen the accident taking place and that the

accident occurred due to the rash and negligent driving of the driver of the

truck bearing registration No.HR-37-C-3275 which was being driven in a

rash and negligent manner and at a high speed.

I have heard learned counsel for the appellants.

In the present case, PW-1 namely, Krishna Devi, stated in her

cross-examination that the accident did not take place in her presence. PW-2

Ravinder Kumar deposed that on 30.06.2014 in the evening hours he was

going on his motorcycle bearing registration no.HR-04-D-6470 from his

JITENDER KUMAR 2022.07.21 17:40 village to Saha side and at about 7.20 p.m., when he reached in front of I attest to the accuracy and authenticity of this order/judgment Chandigarh

Mazaar of Peer near village Rajpura on main Saha-Shahzadpur Road, in the

meantime a truck bearing registration no.HR-37-C-3275, being driven by its

driver rashly and negligently, came at a high speed and hit against the

motorcyclist as a result of which the motorcyclist fell down. He further

deposed that he followed the truck and noted down its registration number.

He, however, thereafter went to village Dhanas in Chandigarh regarding

some urgent work and remained there for 12-13 days and when he came

back from village Dhanas, he went to the Police Station Shahzadpur in order

to know about the aforesaid accident and there he came to know that Naresh

Kumar (deceased) had died in the accident and that he used to reside in

village Rajpur (Galodi). It was further deposed that thereafter he informed

the brother of the deceased about the registration number of the offending

truck. The FIR in the present case (Ex.P1) was registered on the statement of

one Vishav Pal against an unknown accused and an unknown vehicle. It is

to be noted that neither Vishav Pal nor the vegetable hawker, who are stated

to have had a narrow escape, were examined by the claimants.

The entire story as set up by the claimants seems rather

improbable inasmuch as the person who was a witness to a serious accident

and was stated to have chased the offending truck for 1½ kilometers to note

down its registration number, would not inform the Police when admittedly

he had a mobile phone and had been using the said mobile phone to talk to

his family members from village Dhanas. There was also nothing on record

to show that the brother of the deceased, on coming to know of the

registration number of the offending truck from PW-2 Ravinder Kumar on

14.07.2014, made any effort to inform the Police about the factum of the

accident as narrated by PW-2 Ravinder Kumar. It is trite that the claimants in JITENDER KUMAR 2022.07.21 17:40 I attest to the accuracy and authenticity of this order/judgment Chandigarh

the proceedings under the Motor Vehicles Act, 1988 have to prove their case

on the touchstone of preponderance of probabilities. However, in the present

case the claimants have not been able to prove even remotely the factum of

the accident.

In view of the above, I do not find any illegality or infirmity in

the award passed by the Tribunal. The present appeal is accordingly

dismissed. Pending applications, if any, also stand disposed off.

                                                                                         ( ALKA SARIN )
                           21.07.2022                                                        JUDGE
                           jk

NOTE : Whether speaking/non-speaking : Speaking Whether reportable : YES/NO

JITENDER KUMAR 2022.07.21 17:40 I attest to the accuracy and authenticity of this order/judgment Chandigarh