RAM LAL Vs. RAMKESH GUPTA

JUDGEMENT

(1.) VIDE the present appeal, appellants/claimants have assailed the award dated 23.7.2011 passed by the learned Tribunal, whereby their Claim Petition was dismissed. The brief facts of the case are that on 13.1.2009, at about 4.30 a.m., deceased Ajit Kumar hired an auto -rickshaw bearing No. DL -1RK -4202 for dropping his friend Sh. Munkeer Sheikh at Old Delhi Railway Station. When they reached at 'T' Point of Mathura Road and Sher Shah Road, New Delhi, the above noted TSR had collided with an unknown dumper. Due to which, all the occupants of the TSR were severely injured and became unconscious. The driver of the dumper ran away from the spot. The PCR van came there and took all the injured persons to Dr. Ram Manohar Lohia Hospital, where deceased Ajit Kumar died during his treatment.

(2.) MR . Amit Kumar Pandey, learned Counsel appearing on behalf of the appellant submits that the appellants examined four witnesses to prove their case. Sh. Munkeer Sheikh, an eye -witness of the accident in his statement categorically deposed that the accident occurred due to the negligence of the driver of the TSR. The said witness further deposed that the TSR was being driven by its driver in a rash and negligent manner at a high speed.

(3.) MR . Pandey further submits that respondent No. 2, the driver of the offending vehicle neither appeared on the service of the notice, nor chose to depose in rebuttal. Respondent No. 1, owner of the offending vehicle also did not choose to examine any witness in support of their plea taken in the written statement.