Radha Rani & Ors. vs D.T.C. & Anr.
2012 Latest Caselaw 4158 Del

2
*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +      FAO No.332/1997

%                                 Date of decision : 13th July, 2012

      RADHA RANI & ORS.                   ..... Appellants
                    Through : Ms. Neha Gupta, Adv.

                    versus

      D.T.C. & ANR.                           ..... Respondents
                          Through : Mr. Dhruv Wahi and
                                    Mr. Rajeev Nanda, Advs. for
                                    DTC.

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

                          JUDGMENT (ORAL)

1. The appellants have challenged the judgment of the

Claims Tribunal whereby their claim petition has been

dismissed.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. There is no merit in this appeal which is hereby

dismissed.

10. The LCR be sent back forthwith.

J.R. MIDHA, J JULY 13, 2012 mk