KANSHI RAM VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The short question which arises for decision in the present appeal is whether the driver of a motor vehicle, having pleaded guilty to the charge of rash and negligent driving under Section 279 of the Indian Penal Code, can claim exoneration from the charge of rash and negligent driving in the Motor Accident Claims Petition filed by the injured-claimant.

(2.) Briefly delineated the case of the appellant is that on 7 th July, 1994 at about 6.45 p.m. he was driving his two-wheeler scooter no. DAB-7801 when a CRPF truck No. DL-1L-A-2720, driven rashly and negligently by the respondent no.3, came from the opposite direction and hit his scooter near Chaburja Marg, Malka Ganj, resulting in his sustaining injuries as detailed in the claim petition. The respondents no.1 and 2, who are the owners of the CRPF vehicle in question, have given an entirely different version in their written statement and their stand is that the respondent no.3 was driving the CRPF vehicle in question, but the accident did not take place as alleged by the petitioner. The respondents no.1 and 2 state that minor injuries were received by the appellant due to his own fault and for no fault of the respondent no.3, and for this reason the appellant did not lodge any FIR, but subsequently after four months of the incident, manipulated to lodge a false First Information Report.

(3.) The appellant appeared in the witness box as his own witness as PW6 and examined PW2, PW3 and PW4 to prove the medical records of his treatment as well as PW5 to get the FIR, Ex.PW5/1 proved on record. He also examined PW1 to prove his leave account as Ex.PW1/1. The respondent no.3 appeared in the witness box as RW1 but no other witness was examined from the side of the respondents.