MAYA DEVI Vs. BHARAT SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of both the abovementioned appeals, filed by the claimants -appellants, challenging the impugned Award dated 4.3.2010, passed by the learned Motor Accidents Claims Tribunal, (Adhoc), FTC, Rewari, whereby the claim petitions filed by the appellants were dismissed.

(2.) LEARNED counsel for the appellants contends that the learned Tribunal erred in dismissing the claim petitions on the ground that the accident is not proved on record. He submits that the FIR was lodged on the same day by the injured Maya Devi with regard to the accident. In the accident, the husband of the injured Maya Devi died, whereas she received multiple injuries on the vital parts of the body. She stated in her statement that she told all the facts to the police and on the basis of it, the FIR was lodged. The driver of the offending vehicle is facing the trial in the criminal case. However, the learned Tribunal ignored the testimonies of PW1 Maya Devi, ASI Kamal Kant, PW3 Mukesh Yadav,, PW4 Rajiv Singh and PW5 Virender, who speak in the same line with regard to the accident. He prays for allowing the appeal and granting a reasonable compensation.

(3.) I have heard the learned counsel for the parties and perused the case file.