Ajay Tewari, J. - (1.) THIS appeal has been filed by the unsuccessful claimant against the Award of the Tribunal dated 26.03.1996, passed by Motor Accidents Claims Tribunal, Karnal.
(2.) THE brief facts of this case are that on 01.09.1992 the claimant was trying his new moped on road. At about 4 P.M. when he reached in front of M/s. Beri Udyog, G.T. Road, Karnal and started towards Namastey Chowk, Karnal a maruti car bearing No. DL -2C/8288 came from the side of Namastey Chowk being driven by its driver -respondent No. 1 at a very high speed in a rash and negligent manner and without observing the traffic rules struck the same against the moped of the claimant by coming on the wrong side of the road. Due to that impact the claimant received multiple grievous injuries and he was shifted to hospital, where he remained admitted for many days. The Tribunal has held that in the present case the negligence of the other driver has not been proved in view of the fact that the testimony of the claimant was contradicted by the driver of the other car and that despite having admitted that the road in question was a busy road, no other witness had been produced by the claimant.
(3.) THE only argument raised by learned counsel for the appellant is that the Tribunal erred in dismissing the claim petition, even though the claimant himself appeared as PW1 and had placed on record copy of the FIR which was lodged. He has placed reliance upon a decision of this Court in Gurdeep Kaur Vs. Tarsem Singh (P&H) : 2008 (2) RCR (Civil) 774, wherein this Court while relying upon an earlier decision in Girdhari Lal Vs. Radhey Sham and others : 1994 (1) ACJ 168 held that where a driver is facing trial in a criminal Court for rash and negligent driving, that fact coupled with the statement of the complainant would enable him to prove that the accident took place on account of rash and negligent driving by the driver.;