merely on t he basis of assumptions and p r esumptions. It is also submitt e d that vide i n terim order dated 17.01.1998, a n amount of Rs.50,000/- in ea c h case was a w arded on the basis of no fault liability under Section 140 of t h e Motor Veh i cles Act, 1988 (hereinafter refe r red to as the Act of 1988) oug h t not to hav e been ordered to be refunded, in case the claim petition under Section 16 6 of the Act of 1988 fails. T h ey are entitled to compensati o n under Sect i on 140 of the Act of 1988 on t he basis of no fault theory, as i n that event u ality fault and negligence on the part of driver of offendi n g vehicle is n o t required to be proved. 4. Per contra, learned counsels a p pearing for respondents No.3 a n d 4 submit t h at the award passed by the lea r ned Tribunal is based on correct appreciatio n of material available before it and, therefore, no interference is required in the appeals preferred by the appellants-claimants. 5. I have heard learned counsel for the parties and have perus e d the paper b o ok with their able assistance. 6. Records of present appeals w e re burnt in a fire broke out in t h e High Cour t premises and the papers were r econstructed. From a perusal o f the award p assed by the learned Tribunal, i t is crystal clear that the accide n t was not di s puted. Both the eye witnesse s i.e. PW1 and PW4 are relativ e s and reside i n the same village, much less, d river of the jugad also belong e d to their vil l age. PW-1 Partap Singh in hi s testimony stated that responde n t No.1-drive r of the offending truck had fled from the scene of accident b u t the same i s belied from the fact that it is respondent No.1, who lodged a n FIR bearin g No.197 dated 16.10.1995 against respondent No.4-driver of t h e jugad on t h e very day of accident, cate g orically stating therein that t h e PANKAJ KUMAR accident h a d taken place due to rash an d negligent driving of responde n t 2025.08.28 18:00 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh
