FAO NO 896 of 1988 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 896 of 1988 Decided on :04-12-2008 Rajwant Kaur ....Appellant VERSUS Shakur Ali and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- None MAHESH GROVER, J This appeal is directed against the award of the Motor Accident Claims Tribunal dated 1.9.1988. In an accident which took place on 10.12.86, one Ravinder Kaur lost her life and the appellant was injured. It was alleged in the claim petition that appellant alongwith two other persons namely Ravinder Kaur and Lakhwinder Singh was going in a tonga towards Nilokheri. When the tonga reached near the bridge of Sirsa branch in the area of village Manak Majra, a truck came from the behind and while over taking the tonge hit it killing Ravinder Kaur and injuring the appellant in the process. The respondents disputed the accident and contended that the deceased fell down from the tonga and jumped in front of the truck, as the evidence shows that there was no damage to the tonga. It is not conceivable that when a truck hits the tonga from behind, the tonga would not suffer any damage. Therefore, the Tribunal has rightly come to the conclusion that it wa apparently because of the reason that either the deceased fell down from the tonga or she jumped suddenly coming in front of the truck. The FAO NO 896 of 1988 2 negligence of the truck in this manner was not conclusively established. There is no reason to differ with the findings recorded by the Tribunal. It is noticed that Tribunal has awarded Rs.7500/- on principle of no fault liability pursuant to the provisions of Section 92-A. No reason to interfere. Dismissed. December 4 , 2008 (Mahesh Grover) rekha Judge