IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.83 of 2011 (O&M) Date of decision:10.01.2011 The Punjab State Forest Development Corporation Forest Complex and another. ....Appellants versus Malkiat Kaur and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Balkar Singh, Advocate, for the appellants. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? ---- K.Kannan, J.(Oral) 1. The appeal is against the award of the Tribunal finding the involvement of the State vehicle bearing registration No.PB-02Z-9724. The FIR records the fact that it was a Canter vehicle that hit a cyclist, who died in the accident. Further evidence was given at the time of trial by two persons, who were alleged to be eyewitnesses and who were spoken about the involvement of the Canter vehicle and had also given the colour of the vehicle as blue. The driver of the vehicle, who was involved, had been examined on the respondent's side and he said that the case had been wrongly filed against him but he admitted the fact that he was arrested, but later he has been on bail. It was a case of affirmation FAO No.83 of 2011 (O&M) - 2 - of the involvement by the petitioner's side against the witness on the respondent's side, who denied the accident. While sifting the evidence, the Tribunal found the eyewitness's account to be credible and found the involvement of the State vehicle as having been established. 2. Learned counsel for the State would contend that the driver had not been immediately apprehended and the case had been falsely implicated. The Tribunal had reasons to prefer the evidence of the witnesses who spoke about the involvement of the State vehicle against the denial made by the driver. I have no reason to take a different view from how it has been dealt with by the Tribunal. The award is confirmed and the appeal is dismissed. (K.KANNAN) JUDGE 10.01.2011 sanjeev