The claimants have the onus to prove the accident with the offending vehicle, and the standard of proof beyond reasonable doubt does not have to be applied.

Avneesh Jhingan, J.

The present appeal has been directed by the claimants against the award dated 20.12.2010 passed by the Motor Accidents Claims Tribunal, Rewari (hereinafter referred to as 'the Tribunal'), whereby the claim petition was dismissed holding that it was not proved that the Alto car No. HR-13C- 5430 was involved in the accident.

2. The claim petition was filed before the Tribunal by widow of Abhey Singh, her two sons and one daughter. The claim petition was filed under Section 166 of the Motor Vehicles Act, 1988. It was alleged that on 26.06.2009 at about 8.00 PM, Abhey Singh son of Bodan Ram was coming home on his bicycle after closing his fruit shop at Banipur Chowk, Bawal. Along with him, Mukhtiar Singh son of Surta Ram resident of village Baghana was riding another bicycle. Mukhtiar Singh was stated to be running a vegetable shop adjoining the fruit shop of the deceased. When they reached near Power House, Bawal, an Alto car bearing registration No. HR-13C-5430 (hereinafter referred to as 'the offending car') came from the opposite direction at a very high speed being driven rashly and negligently and hit the bicycle of Abhey Singh. As a result of the accident, Abhey Singh fell on the footpath and suffered multiple injuries on various parts of the body, including head injury. He was taken to Community Health Centre, Bawal, but was declared dead by the Doctor. FIR No. 100 dated 27.06.2009 was got registered by Mukhtiar Singh. A compensation of Rs.15,00,000/- along with interest at the rate of 24% per annum was claimed.

3. The driver-cum-owner of the offending car and the Insurance Company filed their separate written statements.

4. The Insurance Company raised a plea that the claim petition has been filed in collusion with the driver-cum-owner of the offending car.

5. The Tribunal framed the following issues :-

(1) Whether the accident in question took place due to the rash and negligent driving of Alto car bearing registration No. HR-13C-5430 by respondent No.1 on 26.6.2009 ? OPP

(2) Whether Abhey Singh son of Bodan Ram died due to the injuries received by him in the accident, if so to what amount of compensation and from whom, the petitioners are entitled to ? OPP

(3) Whether respondent No.1 was not holding an effective and valid driving licence at the time of accident, if so, its effect ? OPR2

6. In support of their claim, the appellants examined Mohinder Singh son of Hari Singh resident of village Bawal, District Rewari, as PW.2, who claimed himself to be an eye witness of the accident. Chitar Kaur also appeared and supported the claim.

7. After considering the statements of the witnesses and the evidence produced, the Tribunal concluded that the claimants had failed to prove that the accident had taken place with the offending car. Accordingly, vide award dated 20.12.2010, the claim petition was dismissed.

8. Aggrieved of the said award, the present appeal has been filed.

9. I have heard learned counsel for the appellants and perused the paper-book with his assistance.

10. The first and foremost question required to be proved by the claimants is that the accident had taken place with the offending car.

11. The learned Tribunal after appreciating the evidence reached to the conclusion that the claimants have failed to prove that the accident had taken place with the offending car.

12. In the present case, the story set up by the claimants in the claim petition was not supported by any reliable witness or evidence. To start with, the facts were given that the deceased along with Mukhtiar Singh was riding on two separate bicycles and the deceased was hit by the offending car. It was further pleaded that Mukhtiar Singh lodged the FIR and took Abhey Singh to Community Health Centre, Bawal, where the doctor declared him dead. At the time of producing the evidence, Mukhtiar Singh never stepped into the witness box. One Mohinder Singh son of Hari Singh claiming himself to be an eye witness of the accident appeared as