GIAN DEVI Vs. GENERAL MANAGER HARYANA ROADWAYS

JUDGEMENT

(1.) The present appeal is directed against the award dated 8.9.95 passed by the Motor Accidents Claims Tribunal, Chandigarh, whereby the claim petition filed by claimants was dismissed for the reasons that the appellants have not been able to prove that the accident was caused by the offending bus as mentioned by the appellants.

(2.) One Labh Singh, a cart puller met with an accident on 19.11.1991 at about 6 p.m., while coming from Iron Market on the main road coming from the Tribune Chowk proceeding towards Sector 30, Chandigarh. It was alleged that bus No. HYE 1453 came at a very high speed and without blowing any horn, struck against the rehra from behind and the collision caused the death of Labh Singh. It is alleged that the accident was due to rash and negligent driving of Gulzar Singh, the respondent No. 2. In the written statement filed on behalf of General Manager, Haryana Roadways, Chandigarh the accident was denied. It was stated that the driver of Haryana Roadways, Chandigarh had not reported any such accident on 19.11.1991 near Tribune Chowk. On the basis of the pleadings of the parties, learned Tribunal framed the following issues: (1) Whether the accident in question was caused by respondent No. 2 by driving bus No. HYE 1453 rashly and negligently? OPP (2) To what amount of compensation, if any, the claimants are entitled and from whom? OPP (3) Whether respondent No. 2 was holding a valid driving licence at the time of accident? OPR (4) Relief.

(3.) The claimants-appellants to prove that the accident was caused on account of rash and negligent driving of Gulzar Singh, produced Ram Sarup, PW 2 and Gurpreet Singh, PW 3. To controvert such oral evidence, the respondents produced driver of the bus as his own witness as RW 1. The respondent also produced Jaspal Singh, RW 2, Sub Inspector, Haryana Roadways. The learned Tribunal returned a finding that the claimants have failed to prove the initial burden that the accident was caused by the offending bus and thus dismissed the claimants' application.