SUNEHRA Vs. SAT PARKASH SHARMA

JUDGEMENT

(1.) THESE are two appeals arising out of the same award filed by the claimants against the award dated 07.11.1997 passed by the Motor Accident Claims Tribunal, Kaithal dismissing their claim petitions.

(2.) BRIEF facts are that deceased Bintu along with his deceased mother Kamlesh and Mousi and another passengers boarded Bus No.HR - 08/2734 at Bus Stand, Kaithal for going to their respective destination. That bus started from Assandh and was being driven rashly and negligently. When the bus reached near Shergarh on Kaithal Ambala road, driver of the bus lost control on the bus, as a result of which the bus fell into nearby pits and turned turtle and Bintu and his mother Smt. Kamlesh and some other passengers died on the spot while other received injuries. The claimant No.1 is father of Bintu and husband of Kamlesh and the claimant No.2 is minor sister of Bintu and daughter of Kamlesh.

(3.) LEARNED counsel for the appellants -claimants has argued that the Tribunal has absolved the respondent No.1 on completely conjectural grounds. As per him, if the Tribunal had to discard the testimony of Smt. Savitri only because she was the sister of the deceased then on that account the testimony of the driver should have also been discarded since otherwise there was a possibility that he would not only face disciplinary proceedings but also criminal action. Further as per him the driver would have been most interested to somehow implicate some other person and that is why in the FIR he got recorded a fictitious number so that when no such person is traced his version goes unchallenged.