- (1.) The appellants were claimants before the Motor Accident Claims Tribunal (Tribunal for short), Ambala, where they had preferred the claim for the death of Amrit Lal in a motor vehicle accident occurred on 10.7.1999. The claim was disallowed by the Tribunal.
(2.) Learned counsel for the appellants argued that there were minor contradictions between the FIR lodged by one Baldev Singh and the statement of Ishwar Dass, an eye witness, but the Tribunal giving undue credit, wrongly dismissed the petition. He stated that Ishwar Dass, PW3 had categorically stated that he was driving a scooter at the relevant time and a bus had stopped in front of him from where the deceased had alighted and was hit by the offending maruti car. The witness followed the car to a distance of about one kilometer but the car driver managed to escape. He then narrated the incident to two policemen who were on patrol duty at village Gollu Majra but they said that it did not fall within their jurisdiction. The witness, therefore, left. During investigation, however, it was found that the accident was caused by respondent No1. FIR was lodged by one Baldev Singh and Ishwar Dass was joined in the investigation.
(3.) Learned counsel for the appellants, however, could not successfully point out any illegality in the award. It was rightly observed by the Tribunal that FIR was lodged by one Baldev Singh but he did not know the type or number of the vehicle, which had hit the deceased. The witness stated that the particulars were not known to him when he reported the matter to the police. In the FIR, it was mentioned that the deceased alighted from a tempo near liquor vend in the area of village Jharmari whereas in the claim petition, it was mentioned that the deceased had got down from the bus. Ishwar Dass, the alleged eye witness, also stated that the deceased had alighted from the bus.;