the alleged incident. It goes against the final report submitted and the reliance placed on the statement under Section 161 Cr.P.C., by the investigating agency. But, they admitted that they had seen the vehicles stationed at the western portion of the road. The person who had investigated the crime was not examined as a witness. It is also not clear on what basis the accident spot was located. PW4 is the officer who laid the final report after verification. In fact, he did not conduct any investigation pertaining to the alleged accident. The final report submitted prima facie appears to be misconceived on the reason that the accident occurred by the hit of two vehicles of the same nature i.e. two-wheelers, which were proceeding from opposite directions. Even if it is found that one of the vehicles was on the wrong side, it is too adventurous to find sole negligence on that simple ground on the rider of the vehicle which was on the wrong side. It may be a case of contributory negligence at the most and contribution by the respective persons has to be ascertained. When both the parties opted to adduce evidence by examining witnesses and by producing documents, then it is a matter of appreciation of evidence based on the documentary and oral evidence. The Tribunal failed to apply the said principle and did not understand the legal position settled by the Division Bench of this Court in New India Assurance Co's case (supra). In such situation, the final report would stand insignificant to a large extent. That material aspect has been overlooked by the Tribunal. The person who had prepared the scene mahazar was also not examined. It is not clear from where he had received knowledge regarding the accident spot and on what basis, it was located. Hence, the order of dismissal is hereby set aside. The parties shall appear before the Tribunal on 20/06/2022 for fresh disposal in accordance with the law in force. The Tribunal shall dispose of the matter within a time schedule of three months from the date of appearance of parties.”
