- (1.) The instant appeal is directed against the order dated 15.1.2010 passed by Motor Accident Claims Tribunal (Addl. District Judge, Fast Track No.1) Bharatpur, in M.A.C. No.168/2008.
(2.) Brief facts noticed, are that Om Prakash, who is said to be a Constable in R.A.C., while going on his motorcycle at 11:00 P.M. on 5.8.2007 with one Suresh Chandra, who was driving the motorcycle, it is alleged that a jeep bearing no.RJ05 C 797, which was driven in a rash and negligent manner by the driver Surendra Singh, outside R.A.C. Line gate where the deceased was working, hit the motorcycle and deceased Om Prakash died on account of the grievous injury caused at the time of aforesaid accident.
(3.) The Tribunal, after analysing the material and evidence on record, came to the conclusion that no case has been made out as it is without any evidence or basis and even the person who was driving the motorcycle, Suresh Chandra, and other witnesses, either have not come in the witness box or there is no other explanation as to involvement of the vehicle, the jeep bearing no.RJ05 C 797. The Tribunal also came to the conclusion that though the deceased was said to be a Constable in R.A.C., but none came forward to lodge even an FIR and even the FIR was lodged after four months of the incident and finding inconsistencies, therefore, the Tribunal rejected the claim petition.;