DTC Vs. CHANDERWATI

JUDGEMENT

(1.) M.A.C. Appeal No. 705 and CM. No. 11977 of 2005 and No. 1196 of 2006:

(2.) The accident dated 27.12.2000 resulted in the death of Surinder Kumar. The deceased was crossing Desh Bandhu Gupta Road when he was hit by DTC bus bearing No. DHP 2853. The deceased was survived by his widow, mother and four children who filed the claim petition before the Claims Tribunal. The deceased was employed earning Rs. 6,000 per month. The Claims Tribunal deducted 73rd for personal expenses of the deceased and applied the multiplier of 11 to compute the loss of dependency at Rs. 5,28,000. Rs. 4,000 has been awarded towards funeral expenses and Rs. 8,000 has been awarded towards loss of consortium. The total compensation awarded by the Claims Tribunal is Rs. 5,40,000.

(3.) The learned counsel for the appellant submits that the deceased was not hit by DTC bus bearing No. DHP 2853 but by a private bus bearing No. DL-1PA 4309 and, therefore, the finding of the Claims Tribunal holding DTC liable to pay compensation is erroneous. Learned trial court has considered the evidence of both the parties to arrive at a finding about the accident having been caused by DTC bus. PW 3 is the eyewitness who deposed that the accident in question was caused by DTC bus in question. The Claims Tribunal also considered F.I.R., Exh. P2, charge-sheet, Exh. P3, and site plan, Exh. P4, according to which the accident was caused by DTC bus. There was material contradiction in the testimony of the driver and conductor of DTC bus who appeared as RW 1 and RW 2 respectively. Applying the test of preponderance of probabilities, the learned Tribunal held that the accident in question was caused by DTC bus. The Claims Tribunal has discussed the entire evidence on record in paras 7 to 11 of the impugned award. There is no infirmity in the findings of the Claims Tribunal.