LAWS(MPH)-2005-8-160

SHANTI BAI Vs. CHARANJEET SINGH AND ORS.

Decided On August 02, 2005
SHANTI BAI Appellant
V/S
Charanjeet Singh And Ors. Respondents

JUDGEMENT

(1.) This appeal is filed by the claimants challenging award dated 28th March, 1997 passed by Second Addl. Member Judge, Motor Accident Claims Tribunal, Shivpuri in claim case No. 24/92 whereby the Claims Tribunal has dismissed the claim petition by the appellant.

(2.) Brief facts of the case are that one Ramcharam Ojha, father of the appellant-claimant was a Peon in district Shivpuri. On 15th Aug., 1989 when he was returning to his house it is alleged that a Scooter driven by respondent No. 2 bearing No. M.K.J. 179 dashed against him. Driver of the vehicle was driving the vehicle rashly and negligently due to which there was a fracture in his left leg. It appears that Ramcharam died subsequently on 11th Nov., 1989 due to the reasons which are totally unconnected with the accident. After this death, the daughter of the deceased, i.e. present appellant filed an application for compensation. This application was dismissed by the Court below on the ground that the accident is not found proved. The allegations about the accident are denied by the respondent Nos. 1 and 2 by filing written statements. In such circumstances it was incumbent for the claimant to prove the accident by leading cogent evidence.

(3.) To prove the accident, claimant has examined herself as AW 1 and Dr. D.K. Bansal as AW 2. AW 3 is Babulal Sharma who is Police Officer and has recorded the F.I.R. As regards DW 1 claimant, she has admitted in para 4 of her statement that she has not seen the accident but one Tifak Babu was eye-witness to the said accident and he has narrated the story of accident to her. Said Tifak Babu was not examined by the appellant. In such circumstances, Claims Tribunal has arrived at the conclusion that the accident is not proved.