RAMESHWARI Vs. JASWANT SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order of the learned Single Judge, dated 25th April, 1984, whereby the appeal filed by the claimants against the order of the Tribunal was dismissed. Briefly, the facts of the case are as under:

(2.) LACHHMAN Datt Shastri was travelling in the bus CHW 104 when he met with an accident at Ludhiana with Truck No JKN 8135. It was in this accident that Lachhman Datt Shastri sustained injuries and died The appellants Smt. Rameshwari widow of Lachhman Datt Shastri and his two sons, namely Sanjay Kumar and Sat Pal Sharma (appellant Nos. 2 and 3) filed a claim petition before the Tribunal. The Tribunal dismissed the same by holding that the appellants failed to establish as to by whose negligence the accident took place. The claim petition was also dismissed on the ground that there was no record to establish the loss suffered by the claimants In appeal, the learned Single Judge after examination the record came to the conclusion that it was not established as to who was actually responsible for the accident. It has also been found by the learned Single Judge that even if it be taken that the accident had occurred on account of the negligence of either or both the vehicles involved therein, there was no material on record to establish the loss, if any, suffered by the claimants on account of the death of the deceased. In view of the finding that there was no evidence to establish the loss suffered by the claimants on account of the death of the deceased, the claim petition could not have been decreed. The view taken by the learned Single Judge, in our opinion, is correct and no interference is called for. The appeal is accordingly dismissed. The parties are directed to bear their own cost.

(3.) THIS appeal was filed by Shri V. P. Sharda, Advocate who has since died. No body has put in appearance in support of this appeal. A copy of this judgment be sent to the claimants by registered post for their information.