F. A. O. No. 1807 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : F. A. O. No. 1807 of 2009 Date of Decision : May 01, 2009 Pepsu Road Transport Corporation, Patiala .... Appellant Vs. Jasmail Kaur and others .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. R. K. S. Brar, Advocate for the appellant. * * * L. N. MITTAL, J. (Oral) : C. M. No. 9548-C-II of 2009 : For the reasons mentioned in the application, delay of 37 days in filing the appeal is condoned. C. M. No. 9550-C-II of 2009 : Application is allowed and the appellant is permitted to make good the deficiency in court fee. Main Appeal : This is appeal by Pepsu Road Transport Corporation – owner of the offending bus impugning Award dated 11.10.2008 of learned Motor Accident Claims Tribunal, Patiala, thereby awarding compensation of Rs.4,40,000/- to claimants-respondents no.1 to 4 in their claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (in short – the Act). F. A. O. No. 1807 of 2009 2 According to the claimants' version, on 26.06.2007 at about 08:00 P.M., Ranjit Singh and Darshan Singh were going on motorcycle No. PB-11W-7593 being driven by Ranjit Singh on left hand side at slow speed. A little short of Badungar Chowk, Military Area, Patiala, offending bus No. PB-11F-9682 came from behind them being driven rashly and negligently by Pargat Singh (respondent no.5 herein) and the bus hit the motorcycle from behind. Resultantly both its riders fell down along with motorcycle. The bus driver fled away from the spot leaving behind the bus there. Passers-by removed Darshan Singh to Rajendera Hospital, Patiala and Ranjit Singh was removed to Amar Hospital. Darshan Singh succumbed to his injuries. Claim petition was filed claiming compensation for his death. Learned counsel for the appellant contended that the accident is not proved to have been caused by rash and negligent driving of the aforesaid bus by Pargat Singh. The contention is untenable. Ranjit Singh, admittedly eye-witness of the occurrence, appeared as PW-3 and has stated according to the claimants' version noticed herein above. On the other hand, Pargat Singh – driver of the bus appeared as RW-1 and stated that no accident occurred with his aforesaid bus. He also deposed that the police falsely implicated him and his bus. He stated that he was driving the bus at speed of 25/30 kilometers per hour and nobody struck against his bus nor anybody was run over under the bus. He also added that two motorcyclists were already lying in the middle of the road and on seeing them, he stopped his bus. Statement of Pargat Singh is completely unreliable because in the written statement, it was pleaded by him that the motorcycle was being driven rashly and negligently and motorcycle hit his bus. Thus, in the written statement, accident between the bus and the motorcycle was admitted, but in the witness-box, Pargat Singh denied the very factum of involvement of the bus in the accident. Consequently, statement of Pargat F. A. O. No. 1807 of 2009 3 Singh is completely unreliable being contrary to his own pleading. On the other hand, Ranjit Singh (PW-3) was himself injured in the accident. His presence at the spot is also admitted by Pargat Singh. Statement of Ranjit Singh is, therefore, reliable. Learned counsel for the appellant contended that Ranjit Singh was drunk and therefore, he fled from the hospital. However, there is no evidence to substantiate this contention. Learned counsel for the appellant also contended that the FIR was lodged on the next day of the accident. However, it does not effect the veracity of the claimants' version because factum of accident between the two vehicles stands admitted. Pargat Singh has also admitted that he is being prosecuted for causing this accident and charge has also been framed against him. He has also admitted his presence at the place of accident along with offending bus. Moreover, the bus was also left at the spot after the accident. There is no explanation why the bus was left at the spot if it had not caused the accident. The finding of the Tribunal that the accident occurred due to rash and negligent driving of the aforesaid bus by Pargat Singh is based on proper appreciation of evidence and the said finding does not suffer from any infirmity. Consequently, there is no merit in the instant appeal, which is hereby dismissed. May 01, 2009 ( L. N. MITTAL ) monika JUDGE