TANUJ VERMA Vs. RAGHVENDRA SINGH

JUDGEMENT

(1.) THIS Appeal is directed against a judgment dated 30.05.2009 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby a Claim Petition filed under Section 166 of the Motor Vehicles Act, 1988(the Act) preferred by the Appellants to claim compensation for the death of Rakesh Verma was dismissed by the Claims Tribunal.

(2.) THE Claims Tribunal opined that the Appellants had failed to establish that the accident was caused by RTV No.DL1V-7384 which was allegedly driven by the First Respondent at the time of the accident. Since negligence was not established, the Claims Tribunal did not go into the quantum of compensation. The Claims Tribunals reasoning on the issue of negligence is extracted hereunder:

(3.) DECEASED or his family members. He was not even known to him(the deceased). Nothing could be brought in his cross-examination which could have suggested that PW2 had any motive to falsely implicate RTV No.DL1V-7384.