FAO No.2275 of 2001 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2275 of 2001 Date of Decision:08.12.2008 Umesh ....appellant Versus Rajinder & Ors. .....respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG Present: Mr.Ranjit Saini,Advocate for the appellant Mr.P.J.S.Sullar, AAG Haryana for the respondents **** RAKESH KUMAR GARG J. This is claimant's appeal challenging the Award of the Motor Accident Claims Tribunal, Karnal, whereby the claim application has been dismissed on account of the fact that the claimant has failed to prove that injuries caused to Umesh were the result of rash and negligent driving of Bus No.HR-45-0285 by respondent No.1 Rajinder Singh. I have gone through the findings recorded by the Tribunal, in this regard. After appreciating Ex.P-46 i.e.site plan, the Tribunal has recorded a finding of fact that the motorcycle of the claimant was on the wrong side of the road as in order to overtake the bus going ahead of him the claimant had gone wrong side of the road and struck against the bus in question. Learned counsel for the appellant has vehemently argued that the respondents have not placed on record any evidence to show that the bust was being driven rashly and negligently. The argument raised by the learned counsel is without any merit. The onus to prove issue No.1 FAO No.2275 of 2001 2 i.e.”Whether accident causing injuries to Umesh was the result of rash and negligent driving of Bus No.HR-45-0285 by respondent No.1 Rajinder, as alleged” was upon the appellant. It is well settled that the plaintiff has to stand on his own legs. There is no other evidence placed on record by the claimants/appellants. Even this Ex.P-46 has been placed on record by the appellant himself which supports the stand of respondents. I find no merit in this appeal. Dismissed. (RAKESH KUMAR GARG) JUDGE 08.12.2008 neenu