JUDGMENT :

The appeal is against the dismissal of a claim petition by the Claims Tribunal based on the finding of sole negligence on the part of petitioner and relied on the final report submitted by the Police in connection with the alleged motor vehicle accident without taking into account the oral evidence tendered by PW1, the report of motor vehicle inspector prepared on the vehicle involved in the accident, the scene mahazar and the other records pertaining to the alleged incident. The Tribunal relied solely on the final report submitted by the Police in connection with the alleged motor vehicle accident and found that the accident took place due to the sole negligence of the petitioner.

2. It is trite that the result of investigation can never be legal evidence. The legal position was well settled by the Apex Court in Vijender v. State of Delhi [(1997) 6 SCC 171] as under:

“The reliance of the trial Judge on the result of investigation to base his finding is again patently wrong. If the observation of the trial Judge in this regard is taken to its logical conclusion it would mean that a finding of guilt can be recorded against an accused without a trial, relying solely upon the