FAO.No.5129 of 2008(O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 1.4.2009 Ranjit Kaur and others .....Appellants Versus Manjit Singh and others Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. S.P.S. Sidhu, Advocate for the appellants-claimants. JASWANT SINGH,J (ORAL) C.M.No.26410-CII of 2008 For the reasons mentioned in the application, the same is allowed and the delay of 17 days' in filing the appeal is condoned. FAO No.5129 of 2008 By way of present appeal, appellants-claimants have laid challenge to the award dated 5.6.2008 passed by the learned Motor Accident Claims Tribunal, Ferozepur(hereinafter referred to as the learned Tribunal) dismissing the claim petition under Section 166 of the Motor Vehicles Act,1988 (for short the Act) filed by them, seeking compensation on account of death of Swaran Singh, in a motor vehicular accident that took place on 14.1.2003 at about 9.15 a.m. Briefly facts of the case are that on 14.1.2003, deceased Swaran Singh along with Kuldeep Singh son of Kashmir Singh, Major Singh son of Dhara Singh, Joginder Singh son of Sudagar Singh and Gurwinder Singh son of Mukhtiar Singh, was going to Muktsar to attend Maghi Mela on a vehicle Qualis bearing No.PB-05H 3004 (hereinafter referred to as the ill fated vehicle), which was being driven by the deceased Swaran Singh. At about 9.15 AM, when the aforesaid FAO.No.5129 of 2008(O&M) -2- Qualis went ahead of village Tohana on Faridkot road, a PRTC bus bearing No.PB 11H 9877 (hereinafter referred to as the offending vehicle) being driven by Manjit Singh/respondent No.1 came from Faridkot side allegedly in a rash and negligent manner and hit the vehicle of Swaran Singh deceased. As a result, Swaran Singh received multiple injuries whereas the other passengers suffered minor injuries. After arranging a vehicle, the injured were rushed to Guru Gobind Medical College and Hospital, Faridkot. Swaran Singh was referred to Dr. Sobti Hospital, Ludhiana from where he was discharged on 15.2.2003. It was alleged that even after his discharge Swaran Singh remained under treatment at Civil Hospital, Moga and at Baba Nand Singh Ishar Singh Hospital, Nanaksar also. Ultimately, Swaran Singh succumbed to the injuries on 3.11.2004, i.e. nearly after more than 22 months after the said accident. The claim petition was filed on 3.2.2005. In support of the claim petition, during the eight opportunities claimants could examine only Doctor Rachhpal Singh Sandhu(PW1), Dr.Jagjit Singh(PW2),Dr.Ajmer Singh(PW3) and Dr.Vaneet Jain PW(4). To prove the alleged negligence on the part of the driver of the offending vehicle, no evidence was led and the evidence of the claimants was closed by Court order. They did not challenge the order closing their evidence. This Court cannot lose sight of the fact that at the time of alleged accident besides deceased Swaran Singh, there were five other persons who were travelling in the ill fated vehicle. A perusal of the impugned award discloses that none of the aforesaid five occupants, who were injured eye witnesses, were examined by the claimants to prove the negligence on the part of the driver of the offending vehicle. The other documents, i.e. MLR/Post Mortem Report in respect of deceased, which could have thrown some light on the cause of death of Swaran Singh, also do not appear to have been produced, as the same neither find mention in the impugned award, nor were produced at the time of arguments in this appeal. In the absence of any documentary or oral evidence, which could corroborate the allegation of rash and negligent driving on the part of FAO.No.5129 of 2008(O&M) -3- the driver of the offending vehicle, I am of the considered opinion, that it was a case of no evidence and the learned Tribunal could not have reached at a different conclusion. On the contrary, respondents i.e. driver and owner of the offending vehicle denied rash and negligent driving of the offending vehicle. Rather it was their case that deceased Swaran Singh was himself was negligent. During the course of arguments learned counsel for the claimants- appellants could not point out anything which may show that the learned Tribunal wrongly dismissed the claim petition filed by the claimants. The claimants having failed to lead any evidence worth the name to prove negligence on the part of the driver of the offending vehicle cannot be permitted to find fault with the impugned award. Resultantly, finding no merit in this appeal the same is hereby dismissed in limine. No costs. 1.4.2009. (Jaswant Singh) joshi Judge.