JUDGMENT
K.C. Sharma, J.
1. Through this appeal under Section 140 (sic Section 173) of the Motor Vehicles, Act, 1988 the appellants seek to quash the award dated 19.11.92 by which the learned Tribunal has awarded compensation of Rs. 40,000 to the injured claimant.
2. The impugned award is assailed only on the ground that the accident was caused by Tonga and not by Ambulance bearing No. RJZ 9825 belonging to the Railway Hospital and, therefore, the appellants are not liable to pay compensation and hence the impugned award is liable to be quashed.
3. The learned Tribunal, after considering the evidence came to the conclusion that the accident occurred on account of rash and negligent driving of vehicle No. RJZ 9825 by its driver. P.W. 1 Udai Singh himself was examined and he has categorically stated that in the evening of 29.8.83 while he was going on his cycle on left side of the road, the ambulance No. RJZ 9825 tried to overtake from the back side and dashed him as a result of which he fell down and the front wheel of the vehicle passed over his left leg. This fact stands in corroboration with the statement of P.W. 2 Jai Singh who lodged a report of the incident and also with the injury report of the injured. That apart the non-claimant could not lead any evidence. In this view of the matter, it must be concluded that the learned Tribunal has rightly held that accident occurred due to rash and negligent driving of ambulance by its driver.
4. For the reasons aforesaid, the impugned award calls for no interference. Consequently, the appeal fails and is hereby dismissed.