JUDGMENT

Alka Sarin, J. - The present appeal has been preferred by the claimant- appellants against the award dated 13.08.2015 passed by the Motor Accident Claims Tribunal, Ambala (hereinafter referred to as the 'Tribunal') whereby the claim petition filed by the claimant-appellants has been dismissed on the ground that the factum of the accident was not proved.

2. Learned counsel for the appellants would contend that the eye- witness of the accident namely, Ravinder Kumar, has been duly examined and he has stated that he had seen the accident taking place and that the accident occurred due to the rash and negligent driving of the driver of the truck bearing registration No.HR-37-C-3275 which was being driven in a rash and negligent manner and at a high speed.

3. I have heard learned counsel for the appellants.

4. In the present case, PW-1 namely, Krishna Devi, stated in her cross-examination that the accident did not take place in her presence. PW-2 Ravinder Kumar deposed that on 30.06.2014 in the evening hours he was going on his motorcycle bearing registration no.HR-04-D-6470 from his village to Saha side and at about 7.20 p.m., when he reached in front of Mazaar of Peer near villag