DEVI BAI THROUGH Vs. HOSHIAR SINGH

JUDGEMENT

(1.) THE Appeal is directed against a judgment dated 04.08.2003 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a Claim Petition filed under Section 110-A of the Motor Vehicles Act, 1939 (the Act) was dismissed by the Claims Tribunal on the ground that the negligence was not established.

(2.) AS per the averments made in the Claim Petition one Dropti daughter of the original Claimant (Smt. Devi Bai) was travelling in a bus No.HRX 1624 from Chandigarh to Delhi. At about 10:00 P.M. the bus reached near Majnu Ka Tila. The Appellant alleges that the bus was being driven in a rash and negligent manner by the First Respondent. The First Respondent in the process of overtaking a Rehra lost control of the bus and rammed into the back portion of a stationary truck which was loaded with steel pipes.

(3.) IT is important to note that the driver and the owner of the bus, that is, Haryana Roadways (Respondents No.1 and 2 herein) were impleaded in the Claim Petition apart from the driver, owner and the insurer of the truck No.DEG-4364 which was parked on the road. While holding an inquiry under Section 168 of the Act, it was incumbent on the Claims Tribunal to have been elicited evidence to find out as to whether it was a case of composite negligence or of negligence on the part of driver of the bus or of the truck. In any case, the deceased herself was not to be blamed for the mishap. It is true that number of opportunities were granted to the Appellants to produce evidence. The Claims Tribunal could have exercised its own power to summon the record from the concerned Police Station and if need be the witness cited in the criminal case registered as FIR No.62/1986, Police Station.