RAM RATI Vs. DEVENDER SINGH

JUDGEMENT

(1.) THE appellants have challenged the impugned award of the Claims Tribunal whereby their claim petition has been dismissed.

(2.) THE accident dated 20th November, 2000 resulted in the death of Bhiku Ram Gupta. The deceased aged 47 years at the time of the accident, was survived by his widow, three children and parents who filed the claim petition before the Claims Tribunal. The deceased was hit by a mail van no.DL -1L -0918. The deceased was going on foot from his residence on main Kanhaiya Nagar Road towards Prem Bari Pull Road to Lawrence Road to meet his brother. At Kanhaiya Nagar Chowk, large number of people had gathered to protest against the sealing of factories by the Government. The driver of the mail motor van rashly and negligently reversed the van resulting in death of Bhiku Ram Gupta. The accident was admitted by the Mail Motor Service and the Ministry of Communication. The defence taken was that the deceased died due to his own negligence and fault. It was stated in the written statement that Rawat Ram, mail van driver telephonically intimated the department that mail van No.57 has met with an accident with an agitator at Lawrence Road and the driver/mail peon has fled away from the spot.

(3.) THE Claims Tribunal held that the deceased died on account of his own negligence as he was part of that agitation. The Claims Tribunal disregarded the testimony of PW -3 on the ground that he was not examined by the police.