Radha Rani and Others vs D.T.C. and Another

J.R. Midha

The appellants have challenged the judgment of the Claims Tribunal whereby their claim petition has been dismissed. The accident dated 2nd August, 1989 resulted in the death of Hari Kishan Shahdev. The deceased was survived by his widow, two children and parents who filed the claim petition before the Claims Tribunal.

The deceased was driving his two wheeler scooter bearing No. DII-3608 and his brother Raj Kumar was sitting on the pillion. According to the appellants, the scooter of the deceased was standing on the red light at Paschim Vihar when the scooter was hit by a Maruti Van whereupon the deceased and his brother fell down and the deceased was run over by DTC bus bearing No. DEP 8045.

The appellants have examined two witnesses, namely, Dr. R.P. Sharma who appeared as PW-3 and Raj Kumar, brother of the deceased who appeared as PW-6.

The Claims Tribunal noted serious contractions in the statement of PW-3 and PW-6 and, therefore, did not find their testimony to be reliable. The Claims Tribunal also noted that there were no crush injuries on the body of the deceased as alleged by the appellants.

The driver and conductor appeared in the witness box as RW-1 and RW-2 and deposed that no accident took place with the DTC bus No. DEP-8045. The Claims Tribunal examined the entire evidence and held that the DTC bus No. DEP-8045 was not involved in the accident and, therefore, the appellants were not entitled to any compensation from the respondents.

The Learned Counsel for the appellants has urged at the time of hearing of this appeal that there was sufficient evidence to prove that the deceased died in the accident caused by the DTC Bus No. DEP-8045.

The statements of the witnesses recorded by the Claims Tribunal have been examined and this Court does not find any infirmity in the finding of the Claims Tribunal.

There is no merit in this appeal which is hereby dismissed. The LCR be sent back forthwith.