JUDGMENT :

Kuldeep Mathur, J.

1. The present civil misc. appeal under Section 173 of Motor Vehicle Act has been filed by the appellants against the judgment and award dated 04.03.2021 passed by the Motor Accident Claims Tribunal No.1, Jodhpur (Raj.) in Motor Accident Claim Petition No.206/2017 whereby the learned Tribunal has rejected the claim petition preferred by the appellants i.e. the claimants under Section 166 of Motor Vehicle Act, 1988.

2. The unfortunate road accident happened on 01.11.2016 at about 11:00 A.M. when Hetaram @ Hetram (since deceased) was going to Hamir Phata Bus Stand on foot. A Bolero bearing registration No.RJ19-GC-5272 came around and hit Hetaram @ Hetram from behind and as a result whereof he suffered grievous injuries and died during the course of treatment.

3. Learned counsel for the appellants submitted that the claim preferred by the appellants was dismissed by the learned Tribunal in ignorance of the FIR, statements of the eye witnesses and other material produced before the learned Tribunal and mainly on the ground that the FIR was lodged after a delay of about one month; the proceedings under Section 133 & 134 of the MV Act were conducted on the very