SBCMA No.157/2008 Smt. Krishna Kunwar & Ors. Vs. Shri Laxmi Lal & Ors. -{1}- SBCMA No.157/2008 Smt. Krishna Kunwar & Ors. Vs. Shri Laxmi Lal & Ors. DATE OF ORDER : - 12.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr. Parikshit Nayak, for the appellants. Mr. Mahendra Trivedi, for the respondents. <><><> Heard learned counsel for the parties. The appellants'-claimants' claim petition was dismissed by the Motor Accident Claims Tribunal (Fast Track), Banswara vide award dated 3rd Nov., 2007. According to the claimants accident took place on 20.2.2000. The FIR was lodged for the accident on 9th April, 2000. The victim died on 6.3.2000. The only eye witness is AW-1 Umyashanker. He stated that he was with the victim when the respondent caused accident by bus no.RJB 7403. In cross-examination, he admitted that he did not inform about the accident to anybody and, thereafter, stated that he told this fact to the family members and the villagers. He stated that accident occurred in the night and he saw SBCMA No.157/2008 Smt. Krishna Kunwar & Ors. Vs. Shri Laxmi Lal & Ors. -{2}- the bus from 100' distance and he admitted that he could not have read the number of bus. The conduct of the witness AW-1 Umayashanker clearly shows that he is not a trust worthy witness. The tribunal has considered the facts in detail as well as other evidence. Since the fact of accident itself has not been proved and peculiar fact is that for accident which occurred on 20.2.2000 and where victim died on 6.3.2000, the FIR was lodged in the month of April, 2000. In view of the above, there is no merit in this appeal and the same is hereby dismissed. (PRAKASH TATIA), J. c.p.goyal/-