Order

25/01/2024

1. The present appeal has been preferred against the judgment and award dated 13.06.2022 passed by learned Judge, Motor Accident Claims Tribunal, Bikaner (Raj.) in MAC Case No.332/2013 (CIS No.332/2013) whereby the claim petition as preferred by the claimants has been rejected.

2. Vide the impugned judgment, while deciding issue Nos.1 & 3, the learned Tribunal specifically reached to a conclusion that Bhawani Singh (defendant No.2), the alleged driver, had wrongly been implicated in the matter and it was proved on record that he was not driving the vehicle at the time of accident. The Tribunal, after considering the material evidence available on record, observed that the FIR was lodged against Sher Singh and even the criminal proceeding was initiated against Sher Singh only who was the driver of the vehicle involved. The learned Tribunal specifically held the matter to be a clear example of misuse of the powers and authority by the police authorities. Therefore, while rejecting the claim petition, the learned Tribunal proceeded on to issue directions for departmental enquiry against the guilty police officers and rightly so.

3. In the opinion of this Court, the findin