Delhi High Court
Dilip G.Krishnan & Anr. vs Mehboob Khan Etc. on 25 May, 2009
Author: J.R. Midha
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO No. 697/2003
% Date of decision: 25th May, 2009
DILIP G.KRISHNAN & ANR. ..... Appellants
Through: Mr. R.K. Tripathi, Adv.
versus
MEHBOOB KHAN ETC. ..... Respondent
Through: None.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may Yes
be allowed to see the Judgment?
2. To be referred to the Reporter or not? Yes
3. Whether the judgment should be Yes
reported in the Digest?
JUDGMENT (Oral)
1. The appellant has challenged the judgment of the learned
Tribunal whereby the learned Tribunal dismissed the claim
petition.
2. The accident dated 14th January, 1990 resulted in the death
of Chitra Parvati who was sitting on the pillion of the two-wheeler
scooter which was hit by offending bus bearing No.UP-15-1805 as
a result of which the deceased fell down and died on way to
hospital. The husband of the deceased was driving the scooter.
The bus fled away from the spot. The deceased was taken to the
hospital by her husband.
3. The accident was caused by UP roadways bus bearing
No.UP-15-1805 which is recorded in the DD Entry No.15A at PS
Kotwali on 14th January, 2000 at 2.35 PM on the basis of the
information conveyed by the wireless operator from the Police
Picket. The relevant portion of the DD entry is reproduced
hereunder:-
"Information was received on wireless at 2.35
p.m. which has been recorded that at this time
Wireless Operator, Police Station informed that
near Picket Salimgarh one UP Roadways Bus
No.1805 letter unknown caused an accident with
a scooter and ran away. The injured has been
taken to hospital. Scooter is standing at the site.
The information has been given on wireless. After
taking copy of the daily diary, the same was sent
for necessary action to ASI Shiv Nand which which
I ASI Kuldeep No.1268........ (illegible) have
registered. At this time information was received
from Constable Abhay Veer Singh at JPN Hospital
that an injured person who had met with an
accident near Salimgarh and brought to the
hospital was declared brought dead registered as
C.R. No.3411/90. ..... ASI/DO."
4. On 14th January, 1990, the FIR was registered at 4.00 pm in
which it was recorded that bus bearing no. UP-15-1508 overtook
from left side and hit the deceased who fell down.
5. The deceased was survived by her husband and a minor
daughter who filed the claim petition before the learned Tribunal.
6. The appellant appeared before the learned Tribunal as PW-1
and deposed that he was going on his two-wheeler scooter to
Mayur Vihar and his wife was sitting on the pillion when UP
Roadways bus bearing No.UP-15-1508 came from behind and hit
the back of his wife who fell down and suffered grievous injuries
resulting in her death. PW-1 proved the documents Ex.PW-1/1 -
photocopy of ration card, Ex.PW-1/2 - photocopy of marriage
certificate, Ex.PW-1/3 - photocopy of school leaving certificate of
the deceased, Ex.PW-1/4 - photocopy of birth certificate of
petitioner No.2, Ex.PW-1/5 - photocopy of last pay certificate of
deceased, Ex.PW-1/6 - photocopy of the FIR, Ex.PW-1/7 -
photocopy of post mortem report, Ex.PW-1/8 - photocopy of death
certificate of the deceased issued by the hospital and Ex.PW-1/9 -
photocopy of death certificate issued by MCD.
7. PW-2 proved Ex.PW2/1 - certified copy of chargesheet,
Ex.PW2/2 - DD No.150 dated 14th January, 1990 in FIR 27/90,
Ex.PW2/3 - MLC of Shri Dilip Kumar dated 14th January, 1990,
Ex.PW2/4 - site plan of incident in FIR No.27/90, Ex.PW2/5 -
seizure memo of Mehboob Khan in FIR No.27/90, Ex.PW2/6 -
seizure memo of bus No.UP-15-1805, Ex.PW2/7 - seizure memo
of two wheeler scooter No.DNK-0684, Ex.PW2/8 - Inspection
Report of scooter No.DNK-0684, Ex.PW2/9 - Inspection Report of
bus No.UP-15-1805, Ex.PW2/10 - seizure memo of driving licence,
Ex.PW2/11 - superdarinama of scooter No.DNK-0684, Ex.PW2/12
- superdarinama of bus No.UP-15-1805, Ex.PW2/13 - duty ship of
Shri T.N. Tiwari dated 14th January, 1990, Ex.PW2/14 - memo of
Jama Talasi of Shri Mehboob Khan, Ex.PW2/15 - receipt of Dilip G.
Krishnan, Ex.PW2/16 - post mortem report and Ex.PW2/17 -
statement.
8. The driver of the bus appeared in the witness box as RW-1
and denied the involvement of the bus in the accident. However,
there was no denial that the bus passed the spot at the time of
the accident.
9. The learned Tribunal held that the appellant was driving the
scooter which was hit from the back and, therefore, he could not
have noted down the bus number which hit the scooter. The
learned Tribunal believed the statement of the driver of the bus
who deposed that no accident was caused from his bus. The
learned Tribunal also relied upon the mechanical inspection
report - Ex.PW-2/9 according to which there was no damage on
the UP Roadways bus.
10. The learned Tribunal has not correctly appreciated the
evidence and documents on record. The DD entry Ex.PW-2/2 was
recorded on 14th January, 1990 at 2.35 PM on the information
given by the police that UP Roadways bus has caused an accident
with a scooter and ran away which is corroborated by the
statement of the appellant who appeared as PW-1. The police
carried out the investigation and filed the challan in which the
involvement of the UP Roadways bus bearing No.UP-15-1805 was
confirmed. The evidence of PW-1 read with DD entry Ex.PW-2/2
and the challan Ex.PW2/1 clearly proves that the accident in
question was caused by the UP Roadways bus bearing No.UP-15-
1805. The MLC also contains reference to UP roadways bus
No.1805 but the appellant appears to have stated the bus to be
of Haryana Roadways as he was in the state of utter confusion
due to the death of his wife.
11. The finding of the learned Tribunal is set aside insofar as
the issue No.1 is concerned. The issue No.1 is decided in favour
of the appellant. With respect to the remaining issues, there is
no finding of the learned Tribunal and, therefore, the case is
remanded back to the learned Tribunal.
12. The impugned judgment is set aside and the issue No.1 is
decided in favour of the appellant. With respect to the remaining
issues, the case is remanded back to the learned Tribunal for
being decided on merits. The appellant shall appear before the
learned Tribunal on 31st July, 2009.
13. Considering that the accident is dated 14 th January, 1990,
the learned Tribunal is directed to expeditiously decide the claim
petition.
14. Copy of this order be given „Dasti‟ to learned counsel for the
appellant under signatures of Court Master.
J.R. MIDHA, J
MAY 25, 2009
s.pal
