F.A. O. No. 531 of 1997. -1- In the High Court of Punjab and Haryana at Chandigarh. F.A.O.No.531 of 1997. Date of decision:21.5.2008. Jasbir Kaur and others. ...Appellants. Versus Shamsher Masih and another. ...Respondents. ... Coram; Hon'ble Mr. Justice K. C. Puri. ... Present: Mr.S.K. Arora Advocate for Mr. Baljit Puri Advocate for the appellants. Mr. S.C.Nagpal, Advocate for the respondents. ... K. C. Puri, J. Judgment. This appeal has been filed by the claimants against the award dated 12.11.1996 passed by Shri H.S. Bhalla, the then Motor Accident Claims Tribunal, Barnala. The case of claimants, as set forth in the claim petition, is that on 16.12.1995, at about 3 PM, deceased Jaswinder Singh did not return till night. His wife Jasbir Kaur informed her brother-in-law and they started searching for him. They learnt that on Bhatinda road, within the revenue estates of village Handiaya, an accident had taken F.A. O. No. 531 of 1997. -2- place in which one person had died who could not be identified. The widow of the deceased identified that dead body from the photograph and the clothes . A case was registered at the instance of one Darshan Singh as he noticed the accident when he was going to his fields at about 8.30 AM. He found that in the middle of the road, a young man wearing Kurta and Pyjama was lying dead with crush injuries and one truck bearing No.PAT-230 loaded with cotton was standing in the ditches. It is pleaded that the accident took place due to rash and negligent driving of truck No.PAT-230 by Shamsher Masih, respondent No.1. Respondent Nos.1 and 2 filed joint written statement, denying the factum of accident. From the pleadings of the parties, the following issues were framed:- 1. Whether the claimants are legal heirs of deceased Jaswinder Singh ?OPA. 2. Whether the accident took place on account of the rash and negligent driving of truck No.PAT-230 by respondent Shamsher Masih and as a result of accident, Jaswinder Singh received injuries and died?OPA. 3. If issue Nos.1 and 2 are proved, to what amount of compensation, the petitioners are entitled and from whom?OPA. F.A. O. No. 531 of 1997. -3- 4. Relief. The learned Tribunal while deciding issue No.2 came to the conclusion that the claimants have failed to prove that the accident has taken place due to rash and negligent driving of truck No.PAT-230 by respondent Shamsher Masih. Issue No.1 was decided in favour of the claimants but in view of findings on issue No.2, the claim petition was dismissed. Feeling dis-satisfied with the above-said award, the claimants have preferred the present appeal. The learned counsel for the claimants has submitted that in the FIR, the factum of negligence of Shamsher Masih, respondent No.1 has been mentioned. He further submitted that AW-4 SI Kuldeep Singh has produced the zimnies and from the perusal of same, negligence of Shamsher Masih can be inferred. It is further contended that in the FIR, it is mentioned that the accident had taken place due to rash and negligent driving by Shamsher Masih. He further submitted that from the facts and circumstances of this case, negligence has been proved. I have carefully considered the submissions made by the counsel for the claimants and have gone through the record of the case. From the perusal of Exhibit A-3, FIR, it is revealed that Darshan Singh was also not present at the time of accident, but, he reached at the spot after the accident. However, it has been mentioned in the FIR that Shamsher Masih, respondent had admitted that the F.A. O. No. 531 of 1997. -4- accident had taken place with his truck. Any recital in the FIR cannot be relied upon as Darshan Singh has not been examined by the claimants. So far as Zimnies produced by the claimants are concerned, the same are not sufficient to prove the negligence on the part of Shamsher Masih. Claimant Jasbir Kaur has herself appeared as her own witness but she has not uttered a single word against the respondents. AW-2 Balbir Singh has simply identified the dead body of Jaswinder Singh, deceased, before the police. AW-3 Jagtar Singh is an Ahlmad in the Court of Sub Divisional Judicial Magistrate, Barnala and is a formal witness. He simply proved the FIR, inquest report and the site plan. AW-4 SI Kuldeep Singh has also not stated in his examination-in- chief that Shamsher Masih made any confession before him regarding the accident. So, there is no evidence to prove the fact that the accident has taken place due to rash and negligent driving of the truck in question. In view of above discussion, the findings of learned Tribunal on issue No.2 stand affirmed and consequently the appeal stands dismissed. However, in the peculiar facts and circumstances of the case, there is no order as to costs, so far as this appeal is concerned. May 21,2008. (K. C. Puri ) Jaggi Judge F.A. O. No. 531 of 1997. -5-