GULAB SAINI Vs. BHGWAN SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 12/5/2017, passed by the Motor Accidents Claim Tribunal, Alwar (for short 'the learned Tribunal') in Motor Accident Claim Case No.230/2013 by which the claim petition filed by the claimants- appellants has been rejected.

(2.) Learned counsel for the claimants-appellants submits that the Tribunal has committed gross illegality in rejecting the claim petition on three grounds. Firstly that the eye witness Kailash and Munshi Ram were not examined and the colour of the vehicle was white, while it was mentioned as yellow in the report lodged by the informant Babu Lal. Secondly, counsel submits that the Tribunal has further erred in holding that the vehicle i.e. Mini Bus bearing No.RJ-32-PA-0562 was not involved in the accident. Thirdly, that 'Rojnamcha' report of the accident was not produced by the appellants on the record of the Tribunal.

(3.) Learned counsel for the appellants further submits that as per the charge sheet submitted by the police after investigation, Ex.P-1, AW-2 Rohitash Yadav is the eye witness of the incident in whose presence the accident occurred and his name is there in the list of charge sheet submitted by the police before the competent Court of law. Learned counsel further submits that the report was lodged by Babu Lal, who is elder brother of the deceased, he was not aware about the colour and number of vehicle, but immediately on the same date, he mentioned the name of the vehicle and on the basis of the same, investigation was done and mechanical report of the offending vehicle bearing No.RJ-32-PA- 0562 was done and the sketches and signs of the accident were found on the body of the offending vehicle. Lastly, he argued that the claimants have submitted the material available with them at the time of filing the claim petition.