JUDGMENT

Asok Kumar Ganguly, J.

1. Heard learned Counsel for the Appellant.

2. Despite service of notice on the Respondent Nos. 2 and 3, nobody appeared.

3. The Appellant is impugning herein the judgment and order of the High Court of Punjab and Haryana dated 8th October, 2009 -in FAO No. 2484 of 2009. An appeal was filed before the High Court by the owner of the scooter, Amir Chand, against an award dated 12.2.2009 passed by the Motor Accident Claims Tribunal, Fast Track Court, Hisar, awarding to the Appellant, compensation of Rs. 1,36,547/- along with 9% interest.

4. The contention of the owner of the scooter, before the High Court, was that the accident and his involvement in it was not proved and the claim petition should have been dismissed. The High Court ultimately upheld the appeal of the owner and set aside the findings of the Tribunal.

5. The material facts are that on 22.01.2003 at about 12.00 noon the Appellant herein, the claimant before the Tribunal, Respondent No. 1 before the High Court, was going from Baganwala to Tosham on a Motor Cycle (No. HR 16C-8379), driven by Balwan with the claimant on the pillion seat. When the Motor Cycle was half a kilometer away from Baganwal