IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No.125 of 2002 Date of decision : December 09, 2008 Surinder Kaur & others ... Appellants Versus Gurcharan Singh & others ... Respondents *** CORAM : HON'BLE MR. JUSTICE AJAY TEWARI *** Present : None for the appellants. Mr. G.D. Gupta, Advocate assisted by Mr. P.Sen, Asstt. Manager NIC Ltd. Punjab Region. *** AJAY TEWARI, J.(Oral) This appeal has been filed against the judgment order dated 14.02.2001 dismissing the claim petition on the ground that in fact the accident was not caused due to rash and negligent driving but due to mechanical failure. The learned Trial Court held as follows: “After considering the rival contentions of the parties, and going through the records of the case, I am of the opinion that the claimants have failed to prove their case. PW-1 Surinder Kaur is widow of the deceased and she is not an eye witness. Claimants have examined only Sukhchain Singh PW-2 to prove the accident and he has stated that on 06.12.1996, he along with Garja Singh, Sucha Singh and Sukhwinder Singh and others were travelling in the Mini Bus in question. Sucha Singh, who was traveling in the Mini Bus in question, reported the matter immediately to the police and on his statement DDR No.21 dated 06.12.1996 Ex. A-1 has been recorded. FAO No.125 of 2002 -2- He has given first and true version and has stated that in the said Mini Bus bearing No.PB-11-D-7812, he along with his brother Garja Singh, Sukhwinder Singh, Malkiat Singh, Rajwinder Singh, Jaswinder Singh and some other persons were going in a marriage party. He was sitting along with the driver in the front seat and the vehicle was being driven at a normal speed and when it reached near village Arain Majra, suddenly the axil of the moving vehicle was broken and the wheel on the driver side, came out and the said Mini Bus fell in the “Khaitans” and that resulted in the injuries to many of them including deceased Sukhwinder Singh who died at the spot. He was sent to Rajindra Hospital, Patiala. This accident is natural and took place because of breaking of the axil suddenly and felling the vehicle in the “Khaitans”. I find myself unable to hold that this finding of the Trial Court is wrong. Consequently, the appeal is dismissed. December 09.2008 (AJAY TEWARI) sonia JUDGE