- (1.) On 7.3.1992, Jagga Singh (since deceased) was going on bicycle from Fountain Chowk to Old Bus Stand, Sirsa, when he was hit by a tanker bearing Reg.No.PB-03-2301, as a result of which Jagga Singh died on the spot. Widow and five children of the deceased filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') before the Motor Accident Claims Tribunal, Sirsa (for short 'the Tribunal) claiming compensation. It was alleged that the accident occurred due to rash and negligence driving of the Canter, which was being driven without following the traffic rules and suddenly hit Jagga Singh. However, on appreciation of the evidence led by the parties, the Tribunal did not find any fault on the part of the driver of the Canter and, thus, held the claimants entitled to compensation of Rs.50,000/- only under 'no fault liability' under Section 140 of the Act. Aggrieved of the award of the Tribunal, the claimants have filed the present appeal for enhancement of compensation.
(2.) The Tribunal had framed the following issue regarding the negligence of the driver of the Tanker:- "2. Whether the accident had taken place on account of the rash and negligent driving of Tanker No.PB-03/2301 by its driver OPP"
(3.) The Tribunal returned a finding that it is not proved that the accident was caused due to rash and negligent driving of the Canter, observing as under:- "xxx xxx xxx FIR No.116 dated 8.3.92 Ex.P2/A was registered in Police Station City, Sirsa. The claimants have not produced any eye witness to prove the negligence of respondent No.1. In the absence of any such statement, I am constrained to hold that the respondent No.1 was guilty of rash and negligent driving while driving tanker No.PB-03/2301. The FIR Ex.P2/A has been alleged to be recorded on the statement of one Gurdev Singh, who has not been produced by the claimants for the reasons best known to them. Lodging of FIR cannot be a substitute for the evidence which gives exhaustive version of the occurrence. xxx xxx xxx";