Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE appellants' -claimants' petition was dismissed by the Motor Accident Claims Tribunal -Addl.District Court (Fast Track) No. 1, Jaitaran, District Pali by award dated 3rd May, 2006, hence, this appeal has been preferred by the claimants -appellants. Learned tribunal held that the claimants failed to prove that the accident was caused by the respondent No. 1 Mohd. Ali by driving the vehicle container by rash and negligent driving and by hitting to the truck of the deceased Sharwan Kumar, who died in the accident. The tribunal held that in fact, deceased Sharawn Kumar himself was negligent in driving his truck No. RRQ 7536 and he himself caused the accident and in that accident he died.
(3.) ACCORDING to learned Counsel for the appellants the tribunal has committed error of law by rejecting the direct evidence of witness AW -2 Oma Ram and AW -3 Ganpat, who were eye witnesses to the accident. The tribunal also committed error of law in relying upon the police challan papers in which the finding was recorded in the criminal case that Sharwan Kumar was negligent in driving his vehicle and he himself caused accident. According to learned Counsel for the appellants, the victim Sharwan Kumar died and the second driver of the truck took opportunity and lodged the FIR levelling allegations against the deceased. The witness Oma Ram and Ganpat were eye witnesses and they were examined by the investigating agency. The tribunal observed that it is improbable that these two witnesses, who were travelling in the truck driven by Sharwan Kumar would not have suffered any injury of serious nature and, therefore, the tribunal on this assumption rejected the statements of witnesses Oma Ram and Ganpat.;