WILSON SIRIL Vs. RAJENDRA SINGH CHHABRA

JUDGEMENT

(1.) This is an appeal under section 173 of the Motor Vehicles Act, 1988 (henceforth 'the Act') against the order dated 17.9.1998, passed by Motor Accidents Claims Tribunal, Jabalpur in M.V. Case No. 66 of 1998.

(2.) The Claims Tribunal has refused to grant interim award to the appellants on the ground that the F.I.R. mentions the registration number of car as MP-20-5575, whereas during the investigation the police had found that the accident was caused by vehicle registered as MP-20-W-1386. In view of the discrepancies in the F.I.R. and the statements of the witnesses, the Claims Tribunal has declined to grant interim award because it was difficult for it to determine which was the vehicle responsible for the accident in question.

(3.) In this appeal, it has been contended by learned counsel for the appellants that the person who lodged the F.I.R. was not a witness. His name was Shikhar Chand Bothara. On the other hand, two witnesses Sonu alias Akash, son of Shikhar Chand Bothara and Tarun Sethi, son of J.P. Sethi have stated that a white Fiat car bearing registration number MP-20-W-1386 had caused the accident. It was contended that pursuant to the investigation, a final report was made to the effect that the respondent No. 1, Rajendra Singh Chhabra was guilty of the offence of negligent driving. It is, therefore, argued that merely because there was some discrepancy in the registration number of the car at the stage of lodging of the F.I.R. by Shikhar Chand Bothara, who was not an eyewitness, it cannot be said that there was no prima facie case against the respondent No. 1 and that his vehicle was not involved in the accident.