RENU DEVI Vs. MOHAMMAD YUNIS

JUDGEMENT

(1.) THE widow and parents of the deceased Mukesh Kumar have preferred the present appeal, aggrieved by the dismissal of the claim petition by the Tribunal. The claimants have contended in the claim petition that on 4.7.2009 at about 9.00 P.M. when Mukesh Kumar (since deceased) proceeded along with one Santosh on a bicycle to his house situated in village Nawada, the bus bearing registration No. DL 1 -PC 2555 driven by the 1st respondent in a rash and negligent manner came from behind and dashed the bicycle and as a result of which Mukesh Kumar fell down and sustained grievous injuries and succumbed to the same in Shree Krishan Hospital and Trauma Centre, Gurgaon on 5.7.2009. Alleging that the deceased Mukesh Kumar who was 20 years old at the time of accident was employed as a helper in M/s. Toll Brush Company, Manesar earning a monthly salary of Rs. 6000/ -, the claimants have sought for compensation.

(2.) THE 1st and 2nd respondents filed joint written statement denying the very involvement of the bus in the accident. They have also further pleaded that with the connivance of the local police an FIR was lodged against the driver. The 3rd respondent pleaded that the bus was not insured with the 3rd respondent. Even if the bus was proved to have been insured with the 3rd respondent, the 3rd respondent was not liable to indemnify the injured as the 1st respondent was not holding a valid and effective license. It was also pleaded that the 2nd respondent violated the terms and conditions of the insurance policy.

(3.) THE learned counsel appearing for the appellants would submit that the widow who is in distress on account of the death of her husband and the old parents who lost their son in the accident, of course could not examine the 1st informant and the person who accompanied the deceased at the time of accident. That cannot be a ground to reject the other evidence available on record. It is her further submission that in a summary proceeding, the Tribunal should have given much weightage to the First Information report and the evidence of investigating officer and the Ahlmad of the Court. She would also submit that just compensation may be awarded in the light of the evidence adduced by the claimants.