- (1.) THE appellants have challenged the award dated 20.11.2010 passed by the MACT, Sikar, District Sikar, whereby the learned Tribunal has dismissed the claim petition filed by the appellants.
(2.) BRIEFLY , the facts of the case are that on 14.10.2005, around 6:30 PM, one car bearing Registration No. RRB -4839, being driven by Sanwarmal, the respondent No.1, rashly and negligently hit Chunnilal, who was a pedestrian. As a result of which, Chunnilal sustained grievous injuries and died. Consequently, the appellants filed a claim petition. But by award dated 20.11.2010, the claim petition has been dismissed. Hence, this appeal.
(3.) THIS is a classic case of an absolutely frivolous appeal being filed before this Court and thereby wasting the precious time of this Court. The learned Tribunal has meticulously examined the evidence. The claimants have produced Gordhan Lal (A.W.2), as eyewitness. However, when the learned Tribunal had called for his statement recorded under Section 161 Cr.P.C. (Exh.C/9), from the criminal court, which was trying the criminal case against the driver of the offending vehicle, it was discovered that in his statement recorded u/s. 161, Gordhan Lal had clearly denied that he had ever witnessed the alleged accident. Moreover, it had also looked into the statement recorded under Section 161 Cr.P.C. and the testimony of other alleged eyewitnesses namely, Rohitash, Gajanand, Ishar, Jhabarmal. They had clearly stated that they have been fabricated as eyewitnesses.;