Bano Begum & Ors vs Pradeep Kumar & Ors
2009 Latest Caselaw 4359 Del

30
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +      FAO.No.442/1999

                            Date of Decision: 27th October, 2009
%

      BANO BEGUM & ORS                    ..... Appellants
                   Through : Mr. J.S. Kanwar, Adv.

                  versus

      PRADEEP KUMAR & ORS             ..... Respondents
                   Through : Mr. Mohan Babu Aggarwal,
                             Adv.

CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?

3.      Whether the judgment should be
        reported in the Digest?


                        JUDGMENT (Oral)

1. The appellants have challenged the award of the

learned Tribunal whereby their claim petition was dismissed

by the learned Tribunal.

2. The accident dated 11th June, 1993 resulted in the

death of Salma. The deceased was survived by her mother

and two sisters who filed the claim petition before the

learned Tribunal.

3. The deceased was traveling in bus bearing No.DEP

3622 and she took out her head from the bus and was hit by

another bus coming from the opposite direction which

resulted in her death.

4. The learned Tribunal dismissed the claim petition on

the ground that the deceased had been negligent and the

accident occurred due to her own negligence and there was

no negligence on the part of the bus driver.

5. The findings of the learned Tribunal are based on the

evidence on record and there is no infirmity in the findings of

the learned Tribunal.

6. The appeal is, therefore, dismissed.

J.R. MIDHA, J

OCTOBER 27, 2009 mk