FAO No.1202 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 1202 of 2008 Decided on : 22-12-2008 Nirmal Singh and another ....Appellants VERSUS Ranbir Kaur and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. S.S.Rangi, Advocate for the appellants. Mr. S.K.Sharma, Advocate for the respondents. MAHESH GROVER, J The only challenge that has been raised in the present appeal is that the truck of the appellant bearing no. PB-12-B-5275 was not involved in the accident and in fact it was stated that it was not even present at the place where the accident took place. It was contended by the learned counsel for the appellant that RW3 Ram Kumar, Junior Superintendent, Central Warehousing Sirhind has testified before the Tribunal that on 14.1.2005 truck in question has entered in the godown of Central Warehousing Corporation at 9:45 A.M and was having 300 bags of rice of Amar Rice Mill which were un-loaded at the warehouse. It was contended by the learned counsel for the appellant that the accident took place at 10:30 A.M therefore, it was not conceivable that the truck would be unloaded in a span of 45 minutes as the truck was weighed also thereafter at Bhatti Kanda Sirhind. FAO No.1202 of 2008 2 To test the plea of the learned counsel for the appellant, records had been requisitioned and have been perused. Learned counsel for the appellant has placed strong reliance on the statement of RW3 Ram Kumar who has testified that he had brought the record i.e. Gate register dated 14.1.2005. At Serial No. 14, the number of the truck in question has been entered as having entered the warehousing Corporation at about 9:45 A.M and it was carrying 300 bags of rice of Amar Rice Mill for de-loading. However, in complete contradiction is the statement of Nirmal Singh, RW2 who is the owner of the truck. He testified that on 14.1.2005 , Baljit Singh was driving his truck and that he had no record regarding loading of 300 bags from Amar Rice Mills at 10:30 A.M. He had further testified that he had gone to Badalli Ala Singh (place of accident) and came to know that his truck had passed from there at about 11:30 A.M. He further testified that the truck was taken into custody by the police from the spot on 14.1.2005 at 1:30 P.M and he reached the spot at about 11:40 A.M and it took 10 minutes to reach the place of occurrence from Badalli Ala Singh. Therefore, it is clear from the testimony of the owner that he had reached the spot immediately after the accident and the plea of the appellant stand demolished as the owner had not denied the accident and had stated that truck was taken from the spot by the police. Thus, there is little hesitation to hold that the plea of the appellant has to be rejected. No other plea has been raised. In this view of the matter, appeal being devoid of any merit is hereby dismissed. December 22 , 2008 (Mahesh Grover) rekha Judge