FAO No.2232 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2232 of 2011 Date of decision:25.7.2011 Sukhjiwan Kumar ...Appellant Versus Ajwinder Pal Kaur & others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.H.S.Rakhra, Advocate, for the appellant. -.- JITENDRA CHUAHAN, J. The short issue involved in the present appeal is whether the accident in question took place due to the negligence of driver/proforma- respondent.? I have heard the learned counsel for the appellant. From the statements of Satpal Singh, CW-1 and Ajwinder Pal Kaur, CW-2, it emerges that the accident took place due to rash and negligent driving of Mandeep Singh (proforma respondent). The driver and owner of the offending vehicle took the stand that he (Mandeep Singh- proforma-respondent) was neither driving the offending vehicle in a rash and negligent manner nor caused the death of deceased Avtar Singh. In this context, the learned Tribunal noticed that the driver of the offending vehicle neither approached the higher authorities regarding his false implication against FIR, Exhibit C1, registered on the statement of complainant Satpal Singh, CW-1 nor appeared before the Tribunal to explain his stand. These FAO No.2232 of 2011 2 circumstances suggest that the respondent No.1 was driving the offending vehicle owned by the appellant in a rash and negligent manner. No contrary evidence was adduced by the appellant before the learned Tribunal. In view of above, there is no reason to discard the findings recorded by the Tribunal that the driver of the offending vehicle was driving the vehicle in a rash and negligent manner and caused the death of deceased Avtar Singh. Although, no other point has been raised by the learned counsel for the appellant, yet I have rescanned the entire case file minutely and find that the award of the learned Tribunal is appropriate and reasonable, therefore, no interference is called for. For the reasons mentioned above, the present appeal is dismissed in limine being devoid of any merit. 25.7.2011 (JITENDRA CHAUHAN) MKS JUDGE