1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.2591/2006 (Smt.Shyamwati and ors. Vs. RSRTC and ors.) Date of Judgment : 16-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Anirudh Singh, for the appellants. Mr.Dileep Sinsinwar & Mr.Aladeen Khan, for the respondents. Both the parties agreed to final disposal of this case at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred by the dependents of deceased Veer Singh against the judgment passed by learned Motor Accident Claims Tribunal, Hindaun city vide judgment dated 22.5.2006 whereby the claim of the dependents was dismissed on the ground that the offending vehicle was not proved to have been found to be involved in the accident as per finding on issue nos.1 and 4. 3. According to the facts of the case, accident took place on 11.8.2000 at about 2.30 PM while the deceased Veer Singh along with one Raghuveer Singh was going on motor 2 cycle No.RJ-19/10M-7027 from village Kherihewat to village Karampur. The deceased Veer Singh was driving the motor cycle and when he reached near village Jhalatala, offending vehicle bus No.RJ-14p- 2770 came from the side of Bharatpur and dashed the motor cycle resulting into injuries to Veer Singh and Raghuveer Singh. Both the injured were taken to hospital- Bharatpur where Veer Singh succumbed to the injuries and FIR of the accident was lodged by one Ramdhan who did not mention the name of offending vehicle in the FIR. After investigation, matter was finally challaned in the court against the driver of the offending vehicle Bus belonged to RSRTC. 4. The learned counsel for the appellants submitted that the pillion rider Raghuveer Singh was traveling along with deceased Veer Singh has been examined in the matter and he has supported the fact that the accident took place on account of rash and negligent driving of offending vehicle Bus but inspite of statement of the said injured eye witness as also of Raghuveer Singh (PW-4), the learned Tribunal has failed to appreciate 3 the evidence in right perspective while deciding the issue. It is further submitted that evidence available on record deserves to be appreciated in right perspective and matter deserves to be remanded for fresh decision on all the issues including the issue pertaining to quantum of compensation. 5. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. It is also submitted that the bus in question was not involved in the accident as initially final report was filed in the matter and lateron on reinvestigation, the matter was challaned. It is also submitted that bus was not being plied on that route at the relevant time and, as such, the finding of the learned Tribunal is just and proper and calls for no interference. 6. After hearing the rival contentions, and going through the award as also record of 4 the case, it is revealed that the accident had occurred in broad day-light and deceased Veer Singh succumbed to injuries sustained in the accident while the person sitting behind him i.e. Raghuveer Singh (PW-4) has appeared in the evidence to support the prosecution case. During the investigation, police collected necessary evidence including the report under Sec.133 of the M.V.Act on the point that the bus was being plied on that route on that day. In the case like the present which pertains to Motor accident claims, the evidence is required to be appreciated on the basis of broad probabilities and strict rule of evidence is not applicable so as to prove the fact beyond reasonable doubt as in the criminal cases. Therefore, the matter deserves to be remanded for fresh decision on all the issues after according opportunity to both the parties for hearing as well as for leading evidence on the point. 7. Accordingly, the impugned Judgment & Award passed by learned Tribunal is set aside and the matter is remanded back for fresh decision on all the issues after 5 according opportunity to both the parties for hearing as well as for leading evidence. Both the parties are directed to appear before the Tribunal on 5.5.09. Record of the case be sent forthwith to the Tribunal. (GUMAN SINGH),J. Srawat/- item no.73