FAO No. 1275 of 1994 1 In the High Court for the States of Punjab and Haryana at Chandigarh … FAO No. 1275 of 1994 Date of decision: December 10,2008 Mangat Ram @ Mangat Khan son of Aladin ..Appellant. Versus Bhagat Ram and others ..Respondents Coram: Hon'ble Mr.Justice Rakesh Kumar Garg Present: Mr.Gunjan Rishi, Advocate for Mr.Anil Khetarpal, Advocate for the appellant. ... Rakesh Kumar Garg,J. This appeal has been filed by the injured claimant against the award of the Motor Accident Claims Tribunal, Kurukshetra, whereby his claim application has been dismissed holding that the claimant has failed to establish that the accident was caused by rash and negligent driving of Bus No. HR-07-A- 3066 by Bhagat Ram Driver. Learned counsel has argued that from the statement of Mangat Ram, PW3, it has been proved that he got injured due to the accident which took place when the auto rickshaw in which he was travelling hit the bus as the bus had been started suddenly by the bus driver. Learned counsel has further argued that the claimant has remained in hospital for about a month and has suffered a lot and even the Tribunal has assessed the compensation payable to him but since the findings of the Tribunal on issue No.1 went against him. This claim application has been dismissed. Learned counsel has also argued that at the most this case may be of contributory negligence but the fact remains that accident has taken place and the claimant has suffered injuries and therefore, he is entitled to compensation. I have heard learned counsel for the appellant. I find no merit in the FAO No. 1275 of 1994 2 contention raised by him. A perusal of the judgment of the Tribunal shows that the claimant has placed on record DDR Ex.P44, which was got recorded on 16.9.1993 by Joginder Singh Driver of the three-wheeler HYR 9812 and according to this version, when he tried to over take the tractor trolley going ahead of him, the bus driver started the bus. Therefore, suddenly he applied the brakes of the three wheeler but at that moment the brakes failed and three wheeler hit the right side of the bus. Thus from the evidence relied upon by the claimant himself, it is clearly made out that auto rickshaw had hit the bus as the brakes of auto rickshaw had failed. This version of the auto rickshaw driver has also been corroborated from the statement of Bhagat Ram RW1 driver of the bus. Thus I find no fault in the findings of the tribunal on issue No.1. No merit. Dismissed December 10, 2008 (RAKESH KUMAR GARG) nk JUDGE