Claims Tribunal that on the date of accident he was driving the said car carefully and slowly. When he crossed Rajaram village, he saw one Maruti Van coming in the opposite direction, he got down from the road to give away and clearance to the Maruti van. After the Maruti Van left, he tried to come on to the road. At that time the appellant, who was coming in the opposite direction on his motor cycle in a zig-zag manner hit the Maruti car on right front wheel. He also stated that the front portion of Maruti Car was damaged and the said car stopped at the accident spot itself. He also specifically stated in his deposition before the learned Claims Tribunal that the appellant-injured was in a drunken condition and was driving in a zigzag manner. The learned Claims Tribunal took into consideration Ex.B-3 scene of offence panchanama in Cr.No.98/1996 of Mallial Police Station, that the Maruti Car was found stationed on the left side of the road in the correct direction and the Suzuki motor cycle came on to the extreme right side of the road margin and was involved in the accident. The learned Claims Tribunal also found from Ex.B-4 dated 09-08-1996 attested copy of wound certificate issued by Civil Assistant Surgeon, Govt.Hospital, Jagtial that the doctor who examined PW-1 the appellant noticed alcohol smell. Thus, considering the evidence of RW-1 which inspired confidence of the Tribunal, the mention in Ex.B-4 injury certificate about the alcohol smell coming from the mouth of the appellant-injured and also the position of the vehicles which was noticed in the scene of offence panchanama Ex.B-3, the learned Claims Tribunal has rightly held that the accident was only due
