IMPORTANT POINT
The court upheld the Tribunal's dismissal of a compensation claim due to lack of credible evidence linking the accident to a third-party vehicle.

JUDGMENT :

Mr. Munnuri Laxman, J. - The present appeal assails the award dt. 06.06.2003 passed by the Judge, Motor Accident Claims Tribunal, Sirohi on the file of M.A.C. Original Case No.344/2001, wherein and whereby the claim filed by the appellants seeking compensation for death of Mala Ram in the motor accident was dismissed.

2. Aggrieved by the same, the present appeal has been filed by the claimants/dependents of the deceased.

3. The contention of the learned counsel appearing for the appellants-claimants is that the Tribunal without assigning proper reasons has discarded the evidence of eyewitnesses particularly AW-2 & AW-3 and the police investigation done in the form of challan. According to him, the Court has given utmost importance to the First Information Report, which according to the informant who was examined as AW-3 that his signature was obtained by the constable on blank papers and he never give information that fall of the deceased was on account of skidding of his scooter. It is also contended that the eyewitness account and police investigation clearly show that accident was result of the truck hitting the scooter in the opposite direction near the cross of Khandara, which is on highway. According to him, the findings of the Tribunal that the accident had not occurred with the vehicle owned by the first-respondent and insured by the other respondent. Therefore, such a finding requires interference.

4. Learned counsel appearing for the Insurance Company has repelled the contention of learned counsel for the appellants. Learned counsel contended that the First Information Report lodged by AW-3 clearly indicate that the accident was occurred on account of loss of control of scooter and self-fall of the deceased, who was driving the scooter with the plastic-can. According to the learned counsel, the evidence on record shows that the deceased was driving the scooter with a 15 ltrs. can as spoken by AW-2 and on account of imbalance due to carrying of the plastic-can, there was lack of self-control of the steering of the scooter resulting skidding of the scooter and self-fallen. This has been the First Information Report. The First Informant was resident of the deceased village and there was no motive attributed to the police for preparing a false report by taking the signature of the informant on blank papers.

5. It is also contended that if AW-2 has really seen the accident involving the truck, his conduct shows that he has not informed the police about the incident or atleast he made attempt to shift the deceased to the hospital immediately after the accident or atleast he had informed anyone in the village so that the deceased could have been shifted to the hospital immediately if he had really seen the accident. The conduct of AW-2 goes to show that it is unnatural conduct and he had not seen the accident. He was a planted witness and the investigation was tainted for ulterior motive.

6. It is also contended that the First Informant retracted the statement contained in the First Information Report first time in the court and prior to that there is no retraction of such a statement at any point of time. The subsequent change of version of the First Informant was on account of his closeness with the family of the deceased as he belonged to the same village. According to him, the Tribunal has rightly discarded the evidence of eyewitnesses and rightly dismissed the claim of the appellants, which requires no interference.

7. Heard both the parties and perused the material on record.

8. The following points fall for consideration:

"Whether the accident was on account of involvement of truck owned and insured by the respondents and such an accident was result of rash and negligence and if so whether the claimants are entitled for fixation of compensation as prayed for".

9. The First Information Report Exhibit-1 shows that the accident was occurred on 30.11.1999 at about 8 a.m. The accident was near Khandara cross road and th