1 S.B. Civil Misc. Appeal No.526/2004 Manjeet Kaur & Ors. vs. Darshan Singh & Ors. S.B. Civil Misc. Appeal No.526/2004 Manjeet Kaur and others. vs. Darshan Singh and others. Date : 8.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.GJ Gupta, for the appellant. Mr.HS Sidhu ) Mr.Anil Bachhawat ) for the respondents. - - - - - Heard learned counsel for the parties on the appeal itself as the appellant has submitted application for early hearing. According to the claimants/appellants, the accident occurred on 24.2.1997 in which the appellant no.1's husband Gurtej Singh who is father of appellants no.2 and 3 died. For this accident, a report was given to the police on 4.3.1997 upon which FIR was registered wherein it has been mentioned that Gurtej Singh died because of the motor cycle skid. However, on 23.4.1997, after two months from the date of accident, another FIR has been submitted on the basis of the alleged information given by one relative of deceased and 2 S.B. Civil Misc. Appeal No.526/2004 Manjeet Kaur & Ors. vs. Darshan Singh & Ors. appellants – Aw2 Resham Singh. AW2 Resham Singh is the only witness to prove the fact of accident by the tractor trolley in which victim Gurtej Singh died. The tribunal in the impugned order dated 22.1.2004 considered the statement of AW2 Resham Singh in detail and thereafter held that he is absolutely unreliable and, therefore, the appellant failed to prove the accident. The Tribunal, therefore, rejected the claim. Learned counsel for the appellant submitted that there is eye witness who saw the accident but since he was under impression that it was a minor accident, therefore, he did not stop on the spot and went away. Subsequently, he came to know that the victim had died and he could identify the driver of the vehicle who caused the accident and he informed the appellants about the true facts, upon which the FIR was lodged and challan was filed after investigation. The trial court has, therefore, committed serious error in rejecting the claim petition. I considered the submissions of learned counsel for the parties and perused the facts of the case as well as the impugned order. 3 S.B. Civil Misc. Appeal No.526/2004 Manjeet Kaur & Ors. vs. Darshan Singh & Ors. Undisputedly, according to the appellants themselves, the accident occurred on 24.2.1997. Sole reason for lodging the FIR is the information given by AW2 Resham Singh who in cross examination could not prove his trustworthiness in any manner. His conduct was highly doubtful. His statement that after seeing the accident, he did not stop there, yet he could note the number of the tractor. His remaining silent for two months is also sufficient reason for disbelieving his statement. He initially stated that he had no relation with the deceased but subsequently he admitted his relationship with deceased yet he did not inform the family members of the deceased that the accident occurred. In totality, the learned Tribunal has not committed any error of fact or law. In view of the above, I do not find any merit in the appeal. Consequently, this appeal is dismissed. The stay petition is also dismissed. (PRAKASH TATIA), J. S.Phophaliya