LISA GILL, J. - (1.) DESPITE the case having been called thrice, none has put in appearance on behalf of the appellants. The present appeal is taken up for hearing on merits.
(2.) THIS appeal has been filed by the appellants who are the legal heirs of the deceased ­ Baij Nath challenging the award dated 05.05.2000 passed by the Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as the 'Tribunal') whereby their claim has been rejected on the ground that the claimants have failed to prove that Baij Nath died due to an accident caused by respondent No.2 while driving his car in a rash and negligent manner on 19.09.1997. The claimants averred that on 19.07.1997 at about 7.00 PM, the deceased ­ Baij Nath alongwith one Ram Dheeraj was going on a bicycle to village Behlana. Ram Dheeraj was riding the bicycle while Baij Nath was sitting on the carrier. When their bicycle was about to take a turn towards village Behlana near the Airport Chowk at Chandigarh -Ambala road, a Premier Padmini Fiat car bearing registration No. CH01 -A -7077 came from behind and hit the cyclists. Both of them received injuries and were removed to Sector 32 Hospital, Chandigarh where Baij Nath succumbed to the injuries. The deceased is stated to have been working as a Tailor, earning Rs.4,000/ - per month and a compensation to the tune of Rs.10,00,000/ - was claimed. The Tribunal while deciding Issue No.1 returned a finding against the claimants to the effect that the accident on 19.07.1997 in which Baij Nath received fatal injuries was not caused by the car No.CH01 -A -7077.
(3.) THE Tribunal has returned this finding on the ground that there is discrepancy in the statements of PW1 and PW2 and the presence of PW2 at the spot has been doubted. The colour of the car has been mentioned as white in the FIR No.45 dated 19.07.1997 whereas, the colour of the car belonging to the respondent was cosmic i.e., dark grey and the police has sent the case for cancellation being untraced.;