ORDER

This appeal, under Section 173 of Motor Vehicles Act, 1988, has been filed against Award dated 28.01.2014 passed by IV Additional Motor Accident Claims Tribunal, Gwalior (M.P.) in MACC No.157/2013 by which claim petition filed by the claimants has been rejected on the ground that claimants have failed to prove that accident was caused by offending motorcycle bearing Registration No.MP07- MJ-8674.

2. Challenging the dismissal of claim petition, it is submitted by counsel for appellants that FIR was lodged after three months and the Claims Tribunal has also disbelieved the evidence of Ramendra Singh Kushwah (AW-2) on the ground that he had reached the spot within a period of two minutes from the time of : PAWAN accident. It is submitted that so far as delay in lodging FIR is concerned, the same cannot be a ground to reject the claim petition. Furthermore, Claims Tribunal has wrongly disbelieved the evidence of Ramendra Singh Kushwah (AW-2). It is submitted that by way of abundant caution even though Claims Tribunal has assessed the compensation but the amount so assessed by the Claims Tribunal is on a lower side.

3. Per contra, counsel for respondent No.3 has supported the finding