FAO No. 633 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 633 of 2008 Date of decision : 17.12.2008 Sukhjit Singh and another ....Appellants Versus Dalbir Singh & another. ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Sandeep Bansal, Advocate for the appellants. ... MAHESH GROVER, J. The only ground that has been raised in the present appeal by way of a challenge to the award of the Motor Accident Claims Tribunal dated 2.4.2007 is that there was no finding recorded regarding the negligence of the driver of the vehicle and that the quantum of compensation assessed is on the higher side. After hearing the learned counsel for the appellants, I am of the opinion that both the contentions raised by the learned counsel are misplaced. In para 8 of the award the Tribunal has categorically dealt with the issue and has observed that the plea taken up by the appellant-driver was that the accident had taken place on account of the failure of the steering wheel. However, no evidence was produced in this regard. The appellant-driver stands challaned by the police and FAO No. 633 of 2008 -2- is facing criminal prosecution. In proceedings before a Tribunal which are in the nature of an inquiry, this is a sufficient indicator of the involvement of the vehicle as also prima facie account of the negligence of the driver as report under Section 173 Cr.P.C. submitted by the police is based on independent investigation. Accordingly, there is no infirmity in the findings recorded by the Tribunal. In so far as the quantum of compensation is concerned, a child of three years died and in these circumstances the compensation of Rs.1,27,000/- cannot be termed to be excessive by any stretch of imagination. Appeal dismissed. 17.12.2008 (MAHESH GROVER) dss JUDGE