DELHI TRANSPORT CORPORATION Vs. LEELAWATI

JUDGEMENT

(1.) This appeal is brought by Delhi Transport Corporation against order dated 25.5.1981 of the Motor Accidents Claims Tribunal by which it has awarded Rs. 50,000.00 to the claimants along with interest at the rate of 6 per cent per annum from the date of the award till realisation.

(2.) The only question which has been argued before me by learned counsel for the appellant is that the finding of the Tribunal that the accident had occurred on account of rash and negligent driving of the driver of the bus of the appellant is not correct. She has argued that the only star-witness of the claimants, Public witness 2, Sham Lal, had turned hostile while giving testimony in the criminal court where the driver of the bus was prosecuted and thus no reliance could have been placed on his testimony given before the Tribunal.

(3.) It has been contended on behalf of the respondents that the testimony given in the criminal court is not to be taken note of and particularly when Sham Lal was not confronted with any portion of his testimony given in the criminal court.