KARTAR SINGH Vs. NIRMALA RANI GROVER

JUDGEMENT

(1.) THE Appellants impugn the order dated 10.02.2003 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) awarding compensation of ` 1,25,000/- for the death of Dr. Jaswant Rai Grover, who was aged about 60 years at the time of the accident which took place on 08.11.1998.

(2.) THE only ground of challenge is that during inquiry before the Claims Tribunal the Respondents were unable to prove rashness and negligence in driving the vehicle No.DBL-2663 on the part of the first Appellant and thus no liability could have been fastened on the Appellants 3to pay any compensation. It is averred that the Appellants examined PW-2 Jai Prakash, alleged to be an eye witness of the occurrence. As per FIR No.423/98, Police Station Kashmere Gate registered in respect of this accident, one Mathura Pandey was cited as an eye witness. It is contended that since Jai Prakash was not cited as an eye witness, his testimony was not worthy of reliance in the absence of examination of Mathura Pandey. THE first Respondent entered the witness box as RW-1 and denied his involvement in the accident. It is thus submitted that the Claims Tribunal fell into error in holding that the accident was caused on account of rash and negligent driving of vehicle No.DBL-2663 by the first Appellant.

(3.) KARTAR Singh, the first Appellant examined himself as RW-1 and deposed that on 08.11.1998 a false case was registered against him. No accident took place by the vehicle driven by him on that day. He parked the vehicle on finishing his duty. On the next date he was called to PS Kashmere Gate and was implicated in the case. In cross-examination the first Appellant admitted that the criminal case was pending against him. He had not informed his department that he had been implicated falsely. He admitted that he did not lodge any complaint against the IO.