Charge-sheet in criminal case -- Copy of the report u/s 173 Cr.P.C. and the charge framed by the Court is available on record, which shows that respondent-driver has been charge sheeted for causing the injuries while driving the tractor in question in a rash and negligent manner – Charge-sheet establishes that pillion rider has also suffered the injuries in this very accident – Driver of the tractor has stepped into the witness box and admitted that he is facing the trial in the criminal Court for causing this accident -- He also admitted that on the date of the accident he was driving the tractor -- He has simply denied the accident and deposed that no accident has taken place with his tractor -- Bald statement of respondent-driver cannot rebut the oral as well as documentary evidence adduced by the claimants on the mode of negligence and involvement of the vehicle.

(P&H HC) Decided on: 27.04.2016

Details of vehicle/ Driver missing in FIR – Mere fact that the vehicle number is not mentioned in the FIR, is of no consequence.

(P&H HC) Decided on: 27.04.2016

Witness -- To prove the occurrence claimant examined “S” as a witness of the occurrence -- Witness was cross-examined on behalf of the appellant, but he did not allow himself to dither away from the mainstay of the case -- Even in the judgment in criminal case the court acquitted the appellant by giving him a benefit of doubt – Award of compensation upheld.

(P&H HC) Decided on: 15.01.2015