1 S.B.CIVIL MISC. APPEAL NO.4366/2007 (Prahalad and anr. Vs. Smt.Mishri and ors.) Date of Judgment : 20-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Anirudh Singh for Mr.Virendra Agrawal,for the appellants. Mr.Rajneesh Gupta, for the respondents. Both the learned counsel are agreed for final disposal of appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of owner and driver of the Offending vehicle against the award passed by learned Motor Accident Claims Tribunal, (Addl. Distt. Judge) No..1, Bayana vide judgment dated 6.5.2006 whereby a sum of Rs.30,000/- was awarded by way of compensation against the appellants for the injuries sustained by injured-respondent Smt.Mishri. 3. Learned counsel for the appellants submits that the learned Tribunal has not appreciated the evidence on record in giving finding that the offending vehicle i.e. Tractor No.RSD-7834 was involved in the accident while this vehicle was not involved 2 and evidence led on the point is not credit- worthy and hence the award deserves to be quashed against the appellants. It was further submitted that FIR was lodged after seven days of the incident. 4. Per contra, learned counsel for the respondents submitted that no evidence was led by the appellant on the point of involvement of vehicle and the case was registered by the police and after due investigation, charge-sheet was filed in the matter against the offending vehicle stating the involvement of offending vehicle. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the matter is investigated by the police after registering the case and case was challaned and tractor was found to be involved in the accident. This has been supported by the evidence of AW-1 Smt.Misri and AW-2 Shiv Shankar and there being no evidence to controvert on behalf of appellants. Thus appeal deserves to be dismissed. 3 6. Accordingly, appeal of the appellants is dismissed. The stay petition also stands dismissed. (GUMAN SINGH),J. Sandeep/- item no.s/10