RATNI Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) In an accident caused on 21.2.1972 by bus No. DLP 3836 one Kali Ram received serious injuries by way of fracture of the skull and brain. He died in the hospital on 29.4.1972 due to the said injuries. The Tribunal disbelieved the evidence of Public witness 3, the only eye-witness and, therefore, dismissed the claim petition. There is no version of the respondents as to how the accident took place since the driver was proceeded exparte before the Tribunal.

(2.) As I read the evidence of Public witness 3,1 do not find that the Tribunal has erred in disbelieving the evidence of Public Witness 3. There are serious contradictions and infirmities in his evidence. But even if the evidence of Public witness 3 is ignored, the claimants would still be entitled to Rs. 15,000.00 towards compensation on the principle of no fault liability. Ordered accordingly. The claimants would also be entitled to simple interest at the rate of 12 per cent per annum from the date of application till the date of payment.

(3.) The insurance company, respondent No. 1, would draw up a cheque for the amount of compensation as well as interest and deposit the same with the Registrar of this court within two months. The Registrar shall disburse the amount after due notice to the parties.