JHAMMU RAM Vs. SHAMSHER SINGH

JUDGEMENT

(1.) THE Appellants who are the legal representatives of the deceased Madan impugn a judgment dated 14.01.2004 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby it was held that the deceased himself contributed to the accident by his negligence to the extent of 70% and thus, made the Respondents liable to pay the compensation of Rs.80,312.40P instead of Rs.2,67,708/ -.

(2.) THE Claims Tribunal further held that the Insured (Respondent No.2) failed to produce a valid and effective driving licence of its driver Respondent No.1 inspite of service of notice under Order XII Rule 8 CPC (Ex.R3W2/2) and it was proved that the licence placed on record of the Claims Tribunal was fake. The Claims Tribunal made the Insurance Company liable to perform its statutory liability but was silent with regard to the recovery rights.

(3.) THE only ground raised by the Appellants (the Claimants) is that while the deceased Madan was crossing the road, he was ran over by a speeding bus No.DL -1PA -3133 which was being driven in a rash and negligent manner by the First Respondent at the time of the accident. The Claims Tribunal without any evidence on record erred in holding that the deceased was in fact travelling in the offending bus and was ran over while he was alighting from the moving bus at the intersection.