SUBHASHCHANDRA Vs. INDORE MUNICIPAL CORPORATION

JUDGEMENT

(1.) THIS order shall govern disposal of M.A. No. 2441/04 and M.A. No. 2442/04 by which the claim petitions bearing No. 343/03 and 342/ 03 filed by the claimants have been dismissed.

(2.) IT was the case of the claimants that on 6.6.2003 Subhash was driving motorcycle (Boxer) bearing registration No. MP -09/JT -7805 alongwith his wife Shivkanya and daughter and going from Sudama Nagar to Footy Kothi Road, Indore. At about 12:30 p.m., nearby Sonal General Store, Sudama Nagar, when he reached on the four ways one tanker bearing No. MPH -7362 has come from the left side and, driven rashly and negligently by respondent No. 2, dashed the motorcycle, whereby the front wheel of the motorcycle was totally damaged. The FIR was lodged by the appellant in this regard in Police Station Annapurna, Indore, on the basis of which an offence was registered against the tanker and the driver.

(3.) ON the other hand, Shri Anand Agrawal, counsel appearing for the respondent No. 1 has argued with vehemence that the finding of the Claims Tribunal, which is based on due consideration of the statement of the driver of the tanker, cannot be ignored and interference on the finding of fact is not permissible. He has further argued that the statement of the driver of the vehicle against whom plea of negligence was taken was not found proved. In such case the finding of the Claims Tribunal cannot be said to be arbitrary or illegal. In alternative, he submits that the application under Order 41 Rule 27 and the documents which have been produced before this Court cannot be relied upon at this stage without giving an opportunity of rebuttal to other side. Therefore, he argued that the appeal may be dismissed.