FAO No.196 of 2011 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.196 of 2011 (O&M) Date of Decision. 05.04.2011 Smt. Meena widow of late Shri Jiya Ram @ Jai Ram son of Mukhandi Lal and others ......Appellants Versus Fajru son of Sh. Saurabh and others .....Respondents Present: Mr. A.K. Verma, Advocate for the appellants. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. The appeal is against the dismissal of petition for compensation in a case where the claimant did no more than file the FIR to show that the accident had taken place. Learned counsel argues that if a case is registered that should be sufficient in a situation where the claimants did not know the details of the accident and the person who was involved in the same. If the claimant had known that a criminal case had been registered, it was necessary for him to adduce appropriate evidence before the Tribunal to establish that it was an accident involving the particular vehicle. The evidence collected by the police themselves must have been made available for the Tribunal to determine whether the particular vehicle, which was said to have been involved in the accident, was indeed involved in such an accident. The FAO No.196 of 2011 (O&M) -2- question of involvement of particular vehicle and making the respondents liable for a case are essentially questions of fact which have to be established. An involvement of the vehicle cannot be taken as established by the mere fact that the accident had taken place. Learned counsel appearing for the appellants is unable to assail the reasoning of the Tribunal and would repeat the same arguments as advanced before the Tribunal that a complaint registered by police must have been taken as sufficient to prove the involvement of the vehicle, even when the said fact was denied by the respondents. 2. I reject the contention and dismiss the appeal. (K. KANNAN) JUDGE April 05, 2011 Pankaj*