DELHI JAL BOARD Vs. SUNIL KUMAR

JUDGEMENT

(1.) AGGRIEVED by an award dated 28.05.2010 passed by the Motor Accident Claims Tribunal (the Tribunal), the Appellant Delhi Jal Board has filed this Appeal on the ground that their tanker DL-IM-0308 was not involved in the accident. It is averred that the compensation awarded is excessive.

(2.) ON 04.07.2009 at about 12:15 P.M. PW-2 Kuldeep Kumar was proceeding to his in-laws house along with his sister-in-law Sonia (brother-in-law?s wife) on his motor cycle number HR-10E-8342. When they reached near Sai Apartments, Nathu Pura a water tanker number DL-1M-0308 came from behind and hit the motor cycle. The deceased and PW-2 fell down on the road and sustained injuries. Sonia was removed to Sushruta Trauma Centre where she was declared brought dead. The Tribunal on appreciation of the evidence found that the accident took place because of rash and negligent driving of the tanker by its driver Satya Dev Appellant No.3. It was claimed before the Tribunal that the deceased was looking after the house and assisting her husband in running the milk dairy work.

(3.) IT is contended by the learned counsel for the Appellants that number of the offending tanker was not given in the FIR. Any tanker could have been involved in the accident; tanker number DL-IM-0308 was seized by the police after 50 days of the accident and was falsely implicated in the case. The learned counsel for the Appellants referred to the extract of the entry book maintained in respect of the vehicle number 0308 to emphasize that the vehicle departed from Chandrawal Water Works at 11:05 AM and returned at 12:30 PM., thereafter the vehicle again left at 1:05 P.M. and returned at 3:00 P.M. Since the accident allegedly took place at 12:45 P.M., the offending vehicle could not have been present at the place where the accident took place.