SWINDER GILL Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 19.12.2001 passed by Motor Accident Claim Tribunal (MACT), New Delhi, dismissing claim of the widow and children of the deceased who died as a result of the accident caused by a DTC bus. Aggrieved the petitioners have filed this appeal.

(2.) I have heard Mr. T.R. Sandhu, learned counsel for the appellant, and Ms. Saroj Bidawat, learned counsel for respondents, and have gone through the impugned judgment and perused the record. The following issues were framed by the learned Judge MACT :- Issues:

(3.) The learned Judge MACT held that the DTC bus was not being driven in a rash and negligent manner and that the TSR driver (Three-wheeler scooter) in which Swinder Singh (deceased) was travelling was at fault. Learned counsel for the appellant has challenged the findings of the trial court by arguing that the trial court has not properly appreciated the evidence of the eye-witness PW- 5 and has opined that FIR could not be relied upon. It is submitted that the MACT failed to take notice of the FIR, site plan and other evidence. It is argued that whosoever was at fault, whether the DTC driver or TSR driver, the passenger (deceased) was not to be blamed and even in the case of contributory negligence or no rash or no negligence case compensation had to be granted. Learned counsel for the respondents has, however, supported the reasoning given in the impugned judgment.