AJIT SINGH Vs. RAJINDER SINGH AND OTHERS

JUDGEMENT

(1.) This appeal has been preferred by the claimant against the award dated 27.01.2004 passed by the Motor Accidents Claims Tribunal, Kaithal (hereinafter to be referred as 'the Tribunal') vide which the claim petition was dismissed in toto on the ground that the appellant was facing criminal prosecution in the FIR registered in respect of accident in question.

(2.) The accident in question took place on 012001 between Jeep bearing registration No.PB-13E-0291 and school Bus make Tata 407 bearing registration No.HR-16-4372 belonging to S.D. Public Senior Secondary School, Narwana.

(3.) The Tribunal while deciding the issue No.1 held that since the FIR was registered against the claimant/appellant and he was facing prosecution, therefore, the accident in question cannot be held to be on account of rash and negligent driving of respondent No.1. The appellant could not lead any independent evidence except his solitary statement got recorded as PW-1. The Tribunal on the said premise decided issue No.1 against the claimant/appellant and accordingly issue Nos. 2 and 3 were declared redundant.