DARSHAN SINGH,J. - (1.) The present appeal has been preferred against the award dated 17.11.2011 passed by the learned Motor Accidents Claims Tribunal, Jhajjar (hereinafter called the 'Tribunal') vide which the claim petition filed by the appellant Gram Panchayat for grant of compensation on account of death of buffalo bull belonging to it in the motor vehicular accident which took place on 28.10.2010 has been dismissed.
(2.) Learned counsel for the appellant contended that the learned Tribunal has dismissed the claim petition on the ground that the Gram Panchayat was not proved to be the owner of the buffalo bull and it was only a stray animal. Secondly, that there was unexplained delay in registration of the criminal case. He contended that there was sufficient evidence on record to establish that buffalo bull in question belonged to the Gram Panchayat. The delay in lodging the FIR was also not attributable to the Gram Panchayat as the information was given to the police on the same day and police had also moved an application for postmortem examination on the dead body of buffalo bull. Thus, he contended that learned Tribunal has wrongly dismissed the petition.
(3.) On the other hand, Mr. A.S. Sidhu, learned counsel for respondent-Insurance company contended that there was no evidence on record to establish that the buffalo bull belonged to the Gram Panchayat. He contended that it was alleged that buffalo bull was purchased by contributing the money by the villagers, but no resolution has been brought on record to prove the purchase of the buffalo bull. Thus, he contended that the Gram Panchayat has not been able to establish that the buffalo bull in question was owned by it. The claim petition on its behalf was not maintainable. He contended that in fact the said buffalo bull was a stray animal. He further contended that there was delay of about two months in lodging the FIR, which has not been explained at all, which shows that the story mentioned in the claim petition has been later on concocted. Thus, he contended that the claim petition has been rightly dismissed by the learned Tribunal.;