AVNEESH JHINGAN, J.

1. The issue involved in the present appeal is regarding the discharge of onus in claim proceedings under section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act').

2. The Motor Accidents Claims Tribunal (for short, 'the Tribunal) dismissed the claim petition on the ground that rash and negligent driving of tractor bearing registration No. HR-36B/0754 was not proved.

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

4. Bal Kishan, aged 28 years, lost his life in a motor vehicular accident on 13.11.2009. He was travelling on a tractor. The tractor turned turtle. As a result of which, he suffered grievous injuries and succumbed to injuries on the way to the hospital. FIR was registered on 14.11.2009 on the statement of Sukhbir, who was travelling on the tractor.

5. The legal heirs of Bal Kishan filed a claim petition under section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act'). The fact of lodging the FIR was mentioned in the claim petition. The copy of FIR was neither attached nor produced. However, in order to prove the rash and negligent driving of the driver of the tractor, Ashok-PW2 deposed before the Tribunal and fi