MAHESH CHANDRA SHARMA, J. - (1.) THIS civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed against the award dated 2nd August, 1999 passed by the learned Tribunal, Dausa in claim petition No. 322/96.
(2.) BRIEF facts of the case are that in the night of 20* April, 1996 at about 3.00 a.m., Sariya alongwith some other persons were coming from village Paparda to his village Happawas after attending a marriage ceremony and when they reached near Bhatto Ki Dhani, a motor cycle No. RJ 29 M 1243 driven rashly and negligently with an excessive speed hit Sariya who sustained grevious injuries and later on in the hospital where he died. An F.I.R. to this effect was lodged on 5th June, 1996 after a gap of approximately one and half month for the offences under Sections 279 and 304-A IPC. Thereafter, a claim petition was filed before the learned Tribunal. Notices were issued. Reply was filed. Issues were framed and evidences were submitted by the parties. After hearing the parties and scrutinizing the evidence, the learned Tribunal had rejected the aforesaid award. Aggrieved and dis-satisfied with the aforesaid award dated 2nd August, 1999, this civil misc. appeal is preferred.
(3.) LEARNED Counsel for the appellant Mr. Sandeep Mathur has contended that although F.I.R. was lodged on 5th June, 1996 but at the time of proceeding of Section 174 Cr.P.C. they have given information to the Poilce Chokey Moti Doongari.;