ROSHAN LAL Vs. ASHWANI KUMAR

JUDGEMENT

(1.) This appeal is directed against the award, dated 6th November 2008, passed by the Motor Accident Claims Tribunal-I, Sirmaur District at Nahan, (for short, "the Tribunal"), in MAC Petition No.123-MAC/2/2006, titled Roshan Lal and others v. Ashwani Kumar and another, whereby the Claim Petition came to be dismissed, (for short the "impugned award").

(2.) While dismissing the claim petition, the main ground weighed with the Tribunal was that the Claimants had not proved that Ashwani Kumar had driven the offending vehicle rashly and negligently on the relevant date.

(3.) On the last date of hearing, it was pointed out that an FIR bearing No.254/2006 under Section 279 and 337 of the Indian Penal Code and Section 187 of the Motor Vehicles Act was registered in regard to the accident in question. Therefore, Mr.J.S. Guleria, learned Assistant Advocate General, was asked to verify and file a detailed report as to against whom the final report was prepared and presented before the court of competent jurisdiction.