F.A.O NO.4220 OF 2008 (O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO.4220 OF 2008 (O & M) DECIDED ON : 15.11.2010 Smt. Manju and others ...Appellants versus Virender Singh and others ...Respondents CORAM : HON'BLE MR. JUSTICE K. KANNAN Present : Mr. Sudhir Aggarwal, Advocate, for the appellants. Mr. P. R. Yadav, Advocate, for respondents No.1 and 2. Mr. Rahul Garg, Advocate and Mr. Ashwani Talwar, Advocate, for the Insurance Company. K. KANNAN, J. (ORAL) 1. The appellants are in appeal against the order dismissing the case claiming compensation for the death of husband of the first claimant. The accident was reported to have taken place on 28.10.2005 and complaint to the police had been lodged on the next date i.e 29.10.2005. The identity of the vehicle has not been disclosed in the FIR and merely referred to an unknown vehicle as having caused the accident. F.A.O NO.4220 OF 2008 (O & M) -2- 2. At the time of trial, evidence was led through PW-8 who claimed to be an eye witness. His evidence was disbelieved by the Tribunal on a reasoning that he was not even cited as a witness before the criminal Court and his statement that he had noted down the vehicle number on a piece of paper and gave such details to the police, was not found to be true. The Tribunal observed that if the identity of the vehicle had been secured only through the statement of PW-8, he would have been cited as a witness. It also took into account the fact that the number plate of the offending vehicle which was said to have fallen at the spot, had not been picked up by PW-8 which was most unusual for, if he had been really an eye witness and he was at the scene of occurrence at the relevant time, he would have picked up the object. 3. The case involves the death of a young man aged about 27 years. The claimants are wife and children. The counsel seeks time to lead evidence before this Court that would clintchingly establish the involvement of the insured's vehicle. If, according to the police the number plate of the offending vehicle had fallen at the spot and recovered by the police, it would have been definitely produced as a material object before the criminal Court. I do not want the claimant to deny an opportunity to establish by evidence the involvement of insured's vehicle and would not put the issues of procedure if truth could be established by appropriate evidence at the trial. Therefore, I F.A.O NO.4220 OF 2008 (O & M) -3- grant a fresh opportunity to the claimants to adduce evidence relevant to the alleged involvement of the insured's vehicle. The claimant shall also be at liberty to examine anyone from the police party who had seized the material object from the place and secure the presence of any witness whom the claimants think essential for establishing from the case. 4. The award of the Tribunal dismissing the petition is set aside and the matter is remitted to the Tribunal at Gurgaon for disposal of the case in accordance with law by granting to the claimants to lead any additional evidence. Needless to state that it shall be open to the respondents to adduce evidence in rebuttal if they choose so to do. The appeal is allowed and the case is remanded to the Tribunal at Gurgaon with the directions made above. Appearance of the parties before the Tribunal on 18.12.2010. Disposed of. NOVEMBER 15, 2010 (K. KANNAN) shalini JUDGE