GANGA SAGAR SHARMA Vs. SAVITRI BANSAL

JUDGEMENT

(1.) This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 27.02.2007 passed by the Motor Accident Claims Tribunal, Delhi in Claim Petition No.226/2004.

(2.) The facts may be briefly recapitulated as follow:

(3.) In the course of evidence before the learned Tribunal, the claimants/respondents No.1 to 5 examined four witnesses in all, namely, PW1-Smt. Savitri Bansal, the wife of the deceased, who was not a witness to the accident, PW2-Shri Radhey Shyam, who deposed about the salary of the deceased, PW3-Shri Vinay Kumar, who claimed to be an eyewitness to the accident and PW4-Constable Sanjiv Kumar, who proved the First Information Report No.287/2004. To counter the evidence of the aforesaid witnesses, the appellants examined five witnesses in all, namely, RW1-Shri Bhupender, who deposed about the pendency of a Civil Suit for damages filed by the appellant No.2 against the police, RW2- Shri Randhir Singh from the Transport Authority, who deposed from the records about the make of the cars bearing Nos. DL-2CD-3249 and 3250, RW3-Jagmer Singh, who proved the DD Entry No.19 A as Exhibit RW-3/A, RW4 Shri Pankaj Kumar Verma, the appellant No.2, who was allegedly driving the offending vehicle at the time of the accident and RW5-Shri Ganga Sagar Sharma, the appellant No.1- the owner, who deposed about the impounding of the offending scooter by the police on 12.04.2004.