SHIV PRASAD MAURYA Vs. RADHIKA AND OTHERS

JUDGEMENT

(1.) The present appeal is directed against the impugned judgment dated 03.11.2010 passed by the learned Tribunal, whereby the claim petition filed by the appellant has been dismissed.

(2.) The learned Tribunal has arrived on the decision mentioned above by recording that the petitioner had proved the FIR as Ex.PW1/2, wherein number of the offending vehicle was mentioned as DL-3CJ-5153, whereas in his examination-in-chief filed by way of affidavit, he stated that the accident was caused by a vehicle bearing No. DL-3CT-5153. The appellant in his cross-examination by respondent Nos. 1 and 2 admitted that in the FIR, number of the offending vehicle got recorded as DL-3CJ-5153. He further stated that on verification from the Transport Authority, he came to know that number of the offending vehicle was DL-3CT-5153 and not DL-3CJ-5153. He further stated that he had given an application for verification of the vehicle to RTO, Sheikh Sarai, New Delhi, who gave the reply in writing. He had not handed over the copy of the application regarding verification of the vehicle and reply of the RTO to the police and informed his lawyer about the same, who gave the said record to the police. He further stated that he had not placed on record the verification report received from the RTO in respect of the vehicle number with his petition. He also stated that he had not told the colour of the offending vehicle to the police.

(3.) The learned Tribunal has opined that it was incumbent upon the claimant/appellant that the accident was caused by the vehicle bearing No. DL-3CT-5153, driven by respondent No. 1 in a rash and negligent manner to claim compensation from the respondents as onus of proving that the accident was caused by the driver of the offending vehicle No. DL-3CT-5153 was on the appellant. However, he did not lead any evidence in support thereof. Moreover, he did not examine any witness from the office of Registering Authority in support of his contention that he had moved an application before the RTO, Sheikh Sarai for verification of the number of the offending vehicle and the RTO had given report to the same in writing.