IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.2831 of 2009 (O&M) Date of Decision 11.09.2009 Kashmir Kaur and others ...... Appellants VERSUS Union of India and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.J.S.Randhawa, Advocate, for the appellants. ***** A.N.JINDAL, J(ORAL): This appeal, preferred by the owner and driver, is directed against the award dated 21.11.2008, passed by Motor Accident Claims Tribunal, Kapurthala awarding compensation to the tune of Rs.50,000/- alongwith interest @ 7.5% per annum on account of no fault liability, on account of the death of Kulwinder Singh, in a motor vehicular accident. In order to prove the rash and negligent act on the part of respondent No.1, the claimants examined Mohan Singh AW2, who in his statement has neither stated the number of the truck nor the name of the driver. He has simply stated that Army truck came rashly and negligently and hit the Maruti car. During the cross-examination, he has stated that he was 100 yards away from the turning, thus, it was quite improbable to depict the finer aspects of the accident as he accepts that he could neither tell the number of the Army vehicle nor the name of the driver and he further disclosed that he did not make any statement before the police. As regards the entry in the DDR, the same has not been proved by anyone. The respondent No.1 was declared innocent by the police. As such, rashness or negligence on the part of the respondent No.1 do not stand established which was sine qua to award the claim under Section 166 of the Motor Vehicles Act. Resultantly, findings returned by the Tribunal on issue No.2 stand affirmed. No grounds to interfere. Dismissed. 11.09.2009 (A.N.Jindal) mamta-II Judge