FAO No.898 of 1999 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.898 of 1999 Date of Decision:17.12.2008 Bachan Kaur & Ors. ....appellants Versus Pepsu Road Transport Corporation, Patiala & Ors. .....respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG Present: None for the appellants **** RAKESH KUMAR GARG J. In this case, the claimants' application for grant of compensation was dismissed on the ground that the claimants have failed to establish that Gurcharan Singh has not died due to rash and negligent driving of bus bearing No.PJG-7381 by respondent No.3. I have perused the impugned judgment. While returning the findings against the appellants the Tribunal found that the sole testimony of Kedar Nath is not sufficient to establish that the accident took place as a result of the rash and negligent act of respondent No.3. While recording the finding against the appellants, the Tribunal has found that the bus was not recovered from the spot neither the driver was arrested. Even the witness could not speak about the description of the driver. The claimants have also not proved the records of the PRTC in order to establish that on the day of occurrence respondent No.3 was working as driver over the bus FAO No.898 of 1999 2 in question and the said bus had any route over the said road on the relevant date. Thus, I find no infirmity or illegality in the findings of the Tribunal. No merits. Dismissed. (RAKESH KUMAR GARG) JUDGE 17.12.2008 neenu