BANWARI LAL SHARMA,J. - (1.) In this Misc. Appeal, appellants-claimants assailed the impugned judgment dated 22.05.2006 passed by learned Motor Accident Claims Tribunal in MAC Case No. 104/2005 (Smt. Meena Sharma And Ors. v. Babulal And Ors.) whereby learned Tribunal dismissed the claim petition of appellants-claimants holding that the vehicle in question was not involved in the accident and was planted to get compensation amount from the Insurance Company.
(2.) Learned counsel for the appellants-claimants submits that there are two eye witnesses AW-2-Man Singh and AW-3-Vijendra Singh before whom the offending vehicle hit the deceased who succumbed to the injuries sustained in the alleged accident. They have clearly stated regarding involvement of the offending vehicle Truck No. RJ-14-G-4279. Police also submitted charge-sheet against the driver and owner of the Truck Babulal. The owner and driver of the Truck also admitted the involvement of Truck in accident in reply submitted by him against the notice issued by Investigating Officer under Section 133 M.V. Act. Without considering all theses facts, learned tribunal wrongly decided issue No.-1 and consequently wrongly rejected the claim petition. Therefore this Appeal may be allowed and the impugned judgment may be quashed and set aside and appropriate award may be passed in favour of the appellants-claimants.
(3.) Learned counsel relied upon Ravi v. Badrinarayan And Ors. reported in 2011 ACJ 911 , Kusum Lata and Ors. v. Satbir and Ors. reported in 2011 ACJ 926 and Saroj And Ors. v. Het Lal And Ors. reported in 2011 ACJ 552 .;