The central legal point established in the judgment is the court's reliance on the evidence presented to establish the involvement of the tanker in the accident, despite criticisms of the witness's conduct and the lack of contrary evidence from the respondents.

Deepak Verma, J.

1. This appeal has been preferred under Section 173 of Motor Vehicles Act, 1988 against the award dated 2nd March, 1998, passed by 1st Addl. Motor Accident Claims Tribunal, Indore in Claim Case No. 189 of 1990.

2. Tribunal has dismissed the claim of appellants on the ground, that the accident by the vehicle in question, could not be established. Feeling aggrieved appellants are before us in appeal.

3. Few facts, material for deciding this appeal, are mentioned hereinbelow:

Appellant's son Subodh, aged about 22 years, a newly Commissioned Officer, holding rank of 2nd Lieutenant had come to Mhow (Indore) to undergo a training of Young Officers Course for a period of two months.

4. On 31st May, 1990, he was returning from Indore to Mhow on his scooter, bearing registration No. PIA-7785. Somewhere between Rau and Kishanganj, a tanker bearing registration No. MP-09-D-3105 was coming from opposite direction. The said tanker overtook another vehicle going in front of the said tanker, and in the process, had lost its control. In the meanwhile deceased, who was coming on a scooter from opposite direction, was violently dashed by the said tanker. Deceased had fallen on the ground. This accident was witnessed by Jagdish Chandra Yadav (A.W. 2). This witness had, then, noted registration number of the tanker, as also of the scooter, which was being driven by deceased.

5. It is said that he also made inquiry from the driver of tanker, who had assured him, that he would take the injured in his tanker to the nearby hospital so as to get necessary medical treatment for him. Believing the version of driver of tanker, this witness left for his house. He, however, did not report the matter to Police Station immediately, as he was not certain with regard to the intensity of injuries sustained by the deceased.

6. However, on 2nd June, 1990, a news was published in Hindi daily Nai Diniya in its Under edition under the caption of, "Officer was murdered". In the said news item details of the dead body of a young army officer being found near Keshri Steels, Dewas, was mentioned. The name of office? was also given, he was holding rank of 2nd Lieutenant in Army. Apart from other details scooter number of the deceased was also mentioned. Since, this witness had already noted not only the registration of tanker, but, also of the scooter, he got suspicious and, then, went to Police Station, Mhow, so as to lodge First Information Report. But, since place of incident fell within the jurisdiction of Police Station, Rajendra Nagar, he was directed to lodge the report at Police Station, Rajendra Nagar. He, then, lodged First Information Report (Ex. P. 1) on 2nd June, 1990 at about 12 noon.

7. In the said First Information Report, he had given registration number of tanker as offending vehicle and manner in which accident had taken place. He had also given registration number of scooter, which, was being driven by deceased. He has further described that accident had occurred on account of rash and negligent driving of Nazeem Hussain, driver of offending tanker, at the relevant point of time. The said driver Nazeem Hussain has since died and his LRs have been brought on record.

8. At the time of lodging of First Information Report, newspaper dated 2nd June, 1990 Nai Duniya (Ex. P. 3) and a piece of paper, on which the numbers of both vehicles were mentioned, were also produced and seized by Police vide seizure memo Ex. P.2 and was proved by this witness only.

9. After lodging First Information Report and seizure of papers, as aforesaid. Police machinery started moving. Dead body of Subodh was also recovered from the gate of Keshri Steels, Dewas and was sent for autopsy. Since details of offending vehicle tanker was given, it was seized. After completion of necessary investigation, charge-sheet was filed against the driver of offending vehicle under Section 304A of the Penal Code in the competent Criminal Court. But on account of his death, the said