H.R. Panwar, J. - (1.) This appeal is directed against the judgment and award dated 29.2.96 passed by Motor Accident Claims Tribunal, Raisinghnagar, District Sriganganagar (for short 'the Tribunal') whereby the Tribunal awarded compensation of Rs. 2,25,000/- In favour of respondent claimants (for short 'the claimants') and against the appellants. Aggrieved by the judgment and award impugned, the appellant Union of India has filed the Instant appeal.
(2.) The facts, to the extent they are relevant and necessary for decision of this appeal, are that on 8.11.88 at about 9 PM, deceased Hari Ram was hit by a metador bearing number RNK 1877 belonging to Border Security Force (B.S.F.) of Union of India (U.O.I.). The said accident took place in front of house of Dr. Hari Krishna. It was averred by the claimant that the said accident was caused due to rash and negligent driving of the metador vehicle noticed above by its driver Mohd. Aslam. This accident was promptly reported to the police. A crime report was registered, bearing F.I.R. No. 122/88 for offences under section 279-304A I.P.C. read with Section 89/118A of Motor Vehicle Act, 1988 (for short 'the Act').After usual investigation, police filed challan against Shri Mohd. Aslam, driver of the metador. Before the Tribunal, the claimants produced A.W. 1 Janki widow of deceased Hari Ram; A.W. 2 Naresh Kumar an eye witness of the occurrence; A.W. 3 Khinv Singh Bhati, S.H.O., Police Station Anoopgarh, the Investigating Officer; A.W. 4 Dr. Dalipa Ram, who conducted autopsy of the deceased Hari Ram. The appellant produced its driver Mohd. Aslam D.W. 1, Kishan Kumar D.W. 2 & Rajendra Singh D.W. 3. On appreciation of evidence, the Tribunal held that the said accident was result of rash and negligent driving of metador No. RNK 1877 belonging to B.S.F. of U.O.I. While computing the compensation, the Tribunal assessed and awarded a sum of Rs. 2,25,000/- as compensation.
(3.) I have heard learned counsel for the parties, perused the judgment impugned as well as the record of the Tribunal.;