Bimla & Ors vs Devinder
2012 Latest Caselaw 1498 Del

2
*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                     +      FAO No.161/2001

%                              Date of decision: 2nd March, 2012

      BIMLA & ORS                           ..... Appellants
                         Through : Mr. Y P Laroya, Adv.

                  versus

      DEVINDER                              ..... Respondent
                         Through : Mr. O P Mannie, Adv.for
                         Respondents no.1 and 2
                         Mr. Harsh Jaidla, Adv. for respondent
                         no.4.
       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 6th July, 1984 resulted in the death of

Ram Kishan. The deceased was survived by his parents, wife

and two children who filed the claim petition before the Claim

Tribunal.

3. The Claim petition was filed on 20th November, 1984 in

which it was pleaded that the accident occurred due to the

rash and negligent driving of vehicle no. DEV-8565. The

appellants amended the claim petition in 1999 and impleaded

the driver and owner of Matador bearing no. HRO-2607. It was

pleaded by way of amendment that the deceased was sitting

on the pillion of Motorcycle bearing no. DEV-8565 when the

Motorcycle was hit from behind by Matador no. HRO-2607

resulting in the death of the deceased.

4. The appellants examined two eye-witnesses, namely,

Ram Dass Singh and Bankey Lal, who appeared as PW-4 and

PW-5 respectively. PW-4 deposed that two persons were going

on a Motorcycle on 6th July, 1984 at 7.00 p.m. when they were

hit by Truck No. 2674 from behind and one person on the

motorcycle died. PW-5 deposed that Motorcycle no. DEV-8565

was hit by Truck No. HRO-2607 on 6th July, 1984 at 7.00 p.m.

resulting in the death of Ram Kishan.

5. The appellants also examined PW-3 from Police Station

Nangloi who proved FIR No. 203/1984. As per the FIR, a

Motorcycle hit a tree on Rohtak Road on 6th July, 1984 and two

persons were lying on the spot. In cross-examination, PW-3

deposed that case was closed as untraced on 14th December,

1984. No driver was arrested or challaned in the case.

6. The learned trial Court dismissed the claim petition on

the ground that the appellants failed to prove that Ram Kishan

died due to the rash and negligent driving of the driver of

Vehicle no. HRO-2607. The learned Tribunal dis-believed PW-4

as well as 5 on the ground that they have not given any

explanation for the lapse of 14 years. Both the witnesses

stated vehicle no.HRO-2607 to be a Truck, whereas the

appellant's case is that the appellant was hit by a Matador.

PW-5 during cross-examination even changed the number of

the vehicle from HRO-2607 to HO-2607. The FIR - Ex.PW-3/A

also belies the averments of the appellants inasmuch as per

the FIR, the deceased Ram Kishan and injured Inder Singh

were found drunk and smell of alcohol were coming from their

mouth and the motorcycle had hit a tree. No case has been

registered by the police against Vehicle no. HRO-2607.

7. There is no infirmity in the finding of the Claims Tribunal

that the appellants have failed to prove that Ram Kishan died

due to the rash and negligent driving of vehicle No.HRO-2607.

The appellants have not explained how they came to know of

the Matador No.HRO-2607 after 14 years of the accident and

why they did not inform the police about it. Even PW-4 and

PW-5 did not explain the position.

8. There is no merit in this appeal. The appeal is therefore

dismissed.

J.R. MIDHA, J MARCH 02, 2012 P