The burden of proof is on the claimant to prove that the accident was caused by the negligence of the defendant.

( 1 ) THIS appeal is directed against the award passed by the Motor Accidents Claims Tribunal on 17. 5. 1985 dismissing the claim petition filed by the appellants. The appellants filed the claim petition alleging that on 6. 5. 1977 at about 6. 15 P. M. while he was standing at the bus stand, Moti Bagh, New Delhi a car bearing No. DHE-916 came from Dhaula Kaun side which was being driven rashly and negligently at a very fast speed and knocked down the appellant who was waiting for a bus. It was also alleged that after stopping for a moment the car driver speed away with the vehicle. It was stated that the appellant was removed to Safdarjung Hospital wherein he remained for about 5 days as he sustained multiple injuries and fracture on his leg and hand. It was stated in the said claim petition that the appellant was in private service of a Bakery and was earning Rs. 450. 00 per month, and that as he suffered multiple injuries and could not attend his work his services were Terminated by his employer. It was also alleged that the appellant lost all sources of income for a period of about 3 years and also could not complete his Chartered Accountancy course as a result of which he not only suffered physical pain and agony but also suffered mental agony, torture and loss of future in life and also suffered from permanent disability. The appellant, therefore, claimed just and fair compensation valued at Rs. 3. 00 lac under various heads from the owner of the vehicle, driver of the vehicle and the Insurer.

( 2 ) THE owner and the driver of the vehicle denied the factum of accident by the aforesaid car and stated in their written statement that their vehicle was not involved in the alleged accident and that the said vehicle was used for other duties of the owner at the alleged time and date of occurrence. The Insurance company also denied any liability. On the pleadings of the parties the Tribunal framed 5 issues. Evidence was also adduced by the parties and after hearing the arguments the Tribunal dismissed the claim petition holding that the appellant herein did not receive any injury on account of the rash and negligent driving of vehicle No. DHE-916. He held that the appellant failed to prove his case of rash and negligent driving and also involvement of the owner and the driver. Accordingly, the Tribunal dismissed the said claim petition.

( 3 ) MR. Goyal appearing for the appellant submitted that the Tribunal not only committed error in law but also committed error of facts in coming to the aforesaid conclusions. He referred to the evidence on record in support of his contention that the aforesaid accident was caused by none other vehicle than DHE-916 of which respondent No. 1 was the owner. He took me through the evidence on record in support of his aforesaid contention to substantiate that the award passed by the Tribunal is illegal and is based on mis-reading of the evidence.

( 4 ) NONE appeared for the reondents when the maker was argued and heard. Therefore, I proceeded to dispose of the appeal on the basis of the arguments advanced by the counsel appearing for the appellant and also on the basis of the records perused by me.

( 5 ) A close reading of the evidence on record would indicate that for proving the factum of the accident by the vehicle DHE-916 of which the respondent No. 1 was the owner the appellant examined 2 eye-witnesses apart from himself. The aforesaid two eye-withnesses apart from himself. The aforesaid two eye-witnesses were examined as Public Witness-1 who is Shri Waiaya Ram and Shri Ravinder Pal Singh, Public Witness-2. The said witnesses have testified that a car with registration No. DHE-916 came from Dhaula Kuan side at a very fast speed and hit the appellant who was standing towards kaccha side of the road. The said witnesses however, admitted in their deposition that they could not see as to who was driving the vehicle. That however, is not very material, for the driver of the vehicle adm