KRISHAN KUMAR Vs. NARESH AND OTHERS

JUDGEMENT

(1.) Cm-5851-Cii-2011 IN FAO-1916-2011

(2.) This order of mine shall dispose of the aforementioned three appeals preferred by the appellant(s)-claimant(s) being the LRs of the deceased Sahab Kaur, aged 52 years and Surendra, aged 25 years working as a Labourer, Mausham aged 12 years, in respect of a vehicular accident having been taken place on 29.07.2007, while travelling in a jeep bearing Registration No.HR-61-4347, against the Award dated 21.08.2009 passed by the Motor Accident Claims Tribunal, Bhiwani (in short 'the Tribunal'), whereby the claim petitions after assessing the compensation have been dismissed on the ground that the appellant(s)-claimant(s) have failed to prove that the jeep had met with an accident and by relying upon the statement of PW-2 Lila Ram @ Jasbir Singh.

(3.) Learned counsel for the appellant(s)-claimants submits that learned Tribunal has committed illegality and perversity in referring to the statement of PW-2 Lila Ram @ Jasbir Singh, who in examination-in-chief stated that the offending jeep was following his jeep and his relatives were also travelling in the aforementioned jeep, but in the cross-examination, it surfaced that the jeep was coming from opposite side and on this premise, learned Tribunal found that he had not been consistent and coherent in his statement and dismissed the claim petitions. It did not advert to the statement of PW-3, namely, Tasbir Singh, a passenger in a jeep and RW-1 Naresh Kumar, owner of the jeep as both of them admitted the occurrence of the accident.