Hemant Gupta, J. - (1.) The present appeal by the owner and driver of the offending vehicle, is directed against the award of the Motor Accident Claims Tribunal, Rohtak (for short 'the Tribunal') dated 21st January, 1987, whereby the appellants were found liable to make the payment of compensation to the respondent-claimant on account of the injuries received by him in the motor vehicular accident.
(2.) On 7th March, 1985, the claimant Kishan Gopal in the company of Amar Singh was going on the left side of the road from Silani Gate, Jhajjar, when car bearing registration No. HRO-892 came from the opposite direction being driven in a rash and negligent manner and struck against the claimant and caused grievous injuries as a result whereof the claimant had to be operated upon and remained admitted in the hospital from 7th March, 1985 to 17th April, 1985.
(3.) The learned Tribunal has not believed the stand of the appellants that the offending car was not involved in the accident as the same was parked with the motor mechanic for about a year back. It was found that the motor mechanic had not been examined and R.W. 3-Hazari Lal, who has tested the vehicle after the accident, has given his report Ext. R1 to the effect that the defects in the car were as a result of accident and these were not prior to the accident. Thus, the Tribunal announced the award against the present appellants.;