MASTER SINTU Vs. OM PRAKASH

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby his claim petition was dismissed. The accident dated 24th May, 2003 resulted in the grievous injuries to appellant No. 1. Appellant No. 1 was aged seven years at the time of the accident. The appellant was walking on the road along with his parents near musical fountain, Model Town when RTV bus No. DLIV -7359 hit the appellant, who suffered grievous injuries, namely, temporal bone fracture, fracture on right leg and aberrations and blunt injuries all over the body.

(2.) THE appellant was initially taken to Navrang Hospital where he was referred to Hindu Rao Hospital and from there he was further referred to ESI hospital and finally to Lok Nayak Hospital. The learned Tribunal dismissed the claim petition noting some contradiction in the statement of PW -3 and the FIR and also on the ground that the appellant has not placed on record and proved the documents relating to the treatment by the appellant.

(3.) THE appellant is a minor child who was seven years at the time of the accident. The appellant belongs to the lowest strata of the society. Even if there is some infirmity in the evidence lead by the appellant, the learned Tribunal is not absolved from its duty of conducting the inquiry in accordance with law. The Tribunal could have summoned the Investigating Officer, record of the criminal case as well as records from the concerned hospitals to conduct the inquiry.