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2015 Supreme(HP) 10

MANSOOR AHMAD MIR
Virender Singh – Appellant
Versus
Himachal Road Transport Corporation – Respondent


Advocates:
Advocate Appeared:
For the appellants:Mr. G.R. Palsara, Advocate.
For the respondents:Mr. G.S. Rathore, Advocate.

Judgment

Mansoor Ahmad Mir, J.

This appeal is directed against the award, dated 1st August, 2014, passed by Motor Accident Claims Tribunal, Mandi, District Mandi, H.P. (for short, the Tribunal), in MAC Petition No.5/13/2010, titled Virender Singh and others vs. HRTC and others, whereby the Claim Petition came to be dismissed, on the ground that the claimants have failed to prove that respondent No.3 (driver of the offending bus) was driving the offending bus, at the relevant point of time, in a rash and negligent manner.

2. I have gone through the Claim Petition and the impugned award, a perusal whereof shows that FIR No.167 of 2009 was registered in Police Station Baijnath, under Sections 279 and 304-A of the Indian Penal Code against respondent No.3 i.e. the driver of the offending bus and final report i.e. challan was presented before the Magistrate, which resulted in the acquittal of the driver/respondent No.3. The Tribunal also took into consideration the said judgment of acquittal.

3. It is beaten law of the land that acquittal earned in the criminal case cannot be a ground to dismiss the claim petition. The standard of proof in a criminal case and claim petition is altogether di

















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