Ramji Yadav vs Raj Kumar & Anr.
2017 Latest Caselaw 6058 Del

$~ R-386
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      Decided on: 31st October, 2017
+      MAC.APP. 786/2011

       RAMJI YADAV                                ..... Appellant
                         Through:     None.

                         versus

       RAJ KUMAR & ANR.                           ..... Respondents
                    Through:          None.


CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA

                    JUDGMENT (ORAL)

1. The appellant had instituted Accident Claim case (MACT Case

No.650/10/06) on 23.09.2006 alleging that he had suffered injury in

the motor vehicular accident which took place on 21.04.2006 on being

hit by bus bearing registration No. HP-34A-5428 (the bus) which,

according to his case, was driven in a rash manner, reference being

made to corresponding criminal case vide First Information Report

bearing No.126/06 in Police Station Alipur. The Tribunal held inquiry

and, by judgment dated 03.05.2011, returned a finding holding that the

claimant had failed to prove that he had suffered injuries on account of

negligent driving of the bus in a motor vehicular accident.

2. The appeal was filed seeking to assail the above said conclusion

wherefore the Tribunal has declined to grant any compensation. The

appeal was put in the list of 'Regulars' as per order dated 3 rd February,

2017. Noticeably, there was no appearance on behalf of the appellant

on that stage. When it is taken up for hearing again, there is no

appearance by the claimant.

3. On perusal, it is found that the Tribunal has referred to various

deficiencies in the evidence including the fact that there was a

statement initially made by the claimant before the police that he had

suffered injuries due to some quarrel. The Tribunal also found that the

criminal case record had been fabricated.

4. Against the above backdrop, there is no ground for interference.

5. The appeal is dismissed.

R.K.GAUBA, J.

OCTOBER 31 , 2017 ak