Indra Nagarajan vs Rajiv Sood & Anr.
2012 Latest Caselaw 3366 Del

4
*        IN THE HIGH COURT OF DELHI AT NEW DELHI

     +       MAC.APP.758/2005 and CM No.12938/2005

%                             Date of decision : 18th May, 2012

      INDRA NAGARAJAN                    ..... Appellant
                   Through : Mr. D.S. Mahendru, Adv.

                   versus

      RAJIV SOOD & ANR.                 ..... Respondents
                    Through : Mr. Pradeep Gaur, Adv.
                              for R-2.

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

                       JUDGMENT (ORAL)

1. The appellant has challenged the award of the Claims

Tribunal whereby her claim petition was dismissed.

2. The accident dated 24th April, 1987 resulted in grievous

injuries to the appellant. The appellant was crossing the

Bishma Pitamah Marg, Lodhi Road when she was hit by two

wheeler scooter bearing No.DDE-4041. The appellant reported

the matter to the police whereupon DD entry No.11A dated

24th April, 1987 was registered. PW-2 Head Constable Mahipal

Singh appeared in the witness box along with the record and

deposed that FIR was not registered because the appellant

made a statement that the accident occurred by chance and

naturally and, therefore, she does not want to take any police

action. The appellant appeared in the witness box as PW-3

and also admitted having made the above statement to the

police. The appellant also admitted in her cross-examination

that she does not know how she was hit and further that the

accident occurred by chance/naturally. The Claims Tribunal,

therefore, held that the appellant has failed to prove that the

accident occurred due to the rash and negligence of the two

wheeler bearing No.DDE-4041. The Claims Tribunal has,

therefore, dismissed the petition.

3. On careful consideration of the evidence on record, this

Court is in complete agreement with the findings of the Claims

Tribunal.

4. There is no merit in the appeal which is hereby

dismissed.

5. All pending applications stand dismissed.

J.R. MIDHA, J MAY 18, 2012 mk