In the High Court of Punjab and Haryana at Chandigarh F.A.O. No. 470 of 2008 Date of decision: August 05, 2009 Malkhan .. Appellant Vs. Prem and another .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. J.P. Sharma, Advocate for the appellant. Mr. P.S. Rana, Advocate for the respondents. A.N. Jindal, J The claimant-appellant (herein referred as 'the appellant') has preferred this appeal against the award dated 11.9.2007 passed by the Motor Accident Claims Tribunal, Karnal (herein referred as 'the Tribunal') whereby his claim petition was dismissed. The only question posed before me is “whether carrying two persons besides driver, on a motor cycle amounts to negligent driving on the part of the appellant and could the appellant raise any claim against the respondents for the aforesaid negligence of the motor cycle driver?” Without going deep into the case, it may be observed that out of the three injured persons, claim petition filed by Malkhan Singh son of Mahkim Singh (driver) under Section 166 of the Motor Vehicle Act, was dismissed and the evidence so led in that case was disbelieved by the Tribunal. No appeal has been filed against the said judgment. The second petition filed by the appellant on the basis of the same evidence cannot be accepted. The judgment passed in the previously decided case of Malkhan Singh vs. Prem and others, has probative value. Resultantly, findings returned by the Tribunal on issues No.1 to 3 stand affirmed. No grounds to interfere. Dismissed. Augaust 05, 2009 (A.N. Jindal) deepak Judge