S.S.SODHI,J. - (1.) DENIAL of compensation to the claimants, they being the mother, widow and children of Kashmira Singh deceased, who is said to have been killed in an accident when he was run over by the truck PBO-931, clearly warrant no interference in appeal.
(2.) IT was the case of the Claimants that Kashmira Singh was travelling in the truck HPA-5955 when it developed some machanical defect and had to be parked on the road side near Samalkha in district Karnal. Kashmira Singh and two others were sleeping on the Kacha portion of the road near the truck when at about 6 A.M. on November 5, 1980 the truck PBO-931 came there from the side of Panipat and run over Kashmira Singh and one Kundan Singh, who were both killed at the spot. This accident was, however, denied by the respondents. There is no evidence on record regarding the manner in which the accident occurred except a copy of the first information report recorded on the statement of the Dile Ram. Many opportunities were afforded to the claimants to examine the said Dile Ram but to no avail. The first information report by itself cannot be treated as substantive evidence to prove the negligence of the respondents. In this situation, the Tribunal returned the only finding possible, namely; that the claimants bad failed to prove that the accident had been caused by the rash and negligent driving of the truck PBO 931. This being so, no liability could be fastened upon the respondents for payment of any compensation to the claimant.
(3.) THIS appeal is accordingly hereby dismissed. There will, however, be no order as to costs.;