Accident – Proof of Accident – Filing of charge sheet against the driver of offending vehicle is also a prima facie evidence to hold that the driver of said vehicle was responsible for accident.

Mr. Harinder Singh Sidhu, J.:-The claimants have filed the present appeal challenging the award dated 19.02.2014 passed by the Motor Accident Claims Tribunal, Pathankot (for short ‘the Tribunal’), whereby, their claim petition was dismissed.

2. Brief facts as disclosed in the claim petition are that on 28.08.2010, Latif (since deceased) was going to Amritsar with his wife Dilpari in truck No.PB-29D-9697 (herein for short ‘the offending vehicle’), owned by Daljit Singh – respondent No.1. Latif was on the steering wheel. At about 11.00 pm, when they reached ahead of Dhobra Puli, the vehicle broke down. Latif alighted from the truck and tried to repair it by standing on its front side. Dilpari came out of the truck and sat on a katcha berm. Daljit Singh sat on the driver seat and then started the offending vehicle, which was in gear. Latif was hit by the offending vehicle and he received injuries on his head and stomach. He was taken to Raavi Hospital, from where, he was shifted to Dr.Bhinder Hospital and then Kidney Hospital, Jalandhar and ultimately to PGI, Chandigarh, where he died on 01.11.2010. The accident was alleged to have been caused due to rash and negligent driving of the offending vehicle. FIR regarding the accident was also registered on 27.11.2010 against respondent No.1.

3. While the claimants based their claim solely on the statement of PW1 Dilpari, the respondents examined RW 1 SI Gurvinder Singh of P.S. Mamoon who deposed that on 2.11.2010 Shambu brother of the deceased had made a statement before him that the accident had been caused by some unknown vehicle which struck the stationary truck of the deceased due to which he received injuries and later died in the PGI, Chandigarh. On his statement DDR Ex R1 was recorded in the Roznamcha. Shambu got a second statement recorded on 3.11.2010 in which he again stated that nobody was responsible for the accident.

4. Ld. Tribunal dismissed the claim petition primarily on the ground that the version of the brother of the deceased about the cause of the accident was different from in the statement of PW1. Further the FIR having been lodged about three months after the accident it was concluded that the accident had occurred when an unknown truck struck against the truck of the deceased and the offending truck was named after deliberation as the actual truck was not traceable. Further from the inability of the PW1 to disclose the name of the doctor who was to medically check her in Amritsar, the Tribunal concluded that the version of the claimant that she was accompanying her husband in the truck on the date of the accident as she was unwell and had to consult a doctor was not credible. Thus her presence at the spot was doubted and her entire version was disbelieved. Accordingly, the claim petition was dismissed. Ld. Counsel for the appellants has argued that the entire approach of the Tribunal is flawed. The accident had taken place on 28.8.2010 and thereafter, the injured Latif remained admitted in different hospitals and he breathed his last on 01.11.2010 at PGI, Chandigarh. The claimants, who are simple, illiterate villages were in shock after the accident. Their entire focus was to save the life of Latif. However, he could not survive. It is stated that accordingly delay occurred in lodging the FIR against respondent No.1. It is argued that the Tribunal erred in discarding the oral evidence led by the claimants, as the requirement of proof in MACT cases is not so stringent as in a criminal case to prove the negligence.

5. Ld. Counsel for the respondent – Insurance Company has supported the findings of the Tribunal.

6. I have heard Ld. Counsel for the parties and perused the records with their assistance.

7. To prove its case the claimants examined the eye-witness Dilpari, widow of the deceased Latif as PW1. She deposed before the Tribunal that on 28.08.2010 she along with Latif was going to Amritsar in the offending vehicle and at about 11.00 pm when they rea