INDRA NAGARAJAN Vs. RAJIV SOOD & ANR.

JUDGEMENT

(1.) THE appellant has challenged the award of the Claims Tribunal whereby her claim petition was dismissed. The accident dated 24th April, 1987 resulted in grievous injuries to the appellant. The appellant was crossing the Bishma Pitamah Marg, Lodhi Road when she was hit by two wheeler scooter bearing No. DDE -4041. The appellant reported the matter to the police whereupon DD entry No. 11A dated 24th April, 1987 was registered. PW -2 Head Constable Mahipal Singh appeared in the witness box along with the record and deposed that FIR was not registered because the appellant made a statement that the accident occurred by chance and naturally and, therefore, she does not want to take any police action. The appellant appeared in the witness box as PW -3 and also admitted having made the above statement to the police. The appellant also admitted in her cross -examination that she does not know how she was hit and further that the accident occurred by chance/naturally. The Claims Tribunal, therefore, held that the appellant has failed to prove that the accident occurred due to the rash and negligence of the two wheeler bearing No. DDE -4041. The Claims Tribunal has, therefore, dismissed the petition.

(2.) ON careful consideration of the evidence on record, this Court is in complete agreement with the findings of the Claims Tribunal.