VIDYA WATI Vs. WIRSA SINGH

JUDGEMENT

(1.) The appellants filed a claim petition under Section 110-A of the Motor Vehicles Act, 1939, claiming compensation of Rs. 4.5 lacs on account of death of Vijay Kumar alleging that an accident took place on 9.12.1984 by rash and negligent driving of bus No. PNZ-131, belonging to Chandi Ram Verma which was insured with the insurance company and which was being driven rashly and negligently by Wirsa Singh.

(2.) The claim was contested.

(3.) The Tribunal declined the claim, holding that death of Vijay Kumar was not proved to have taken place on account of rash and negligent driving. The Tribunal rejected the evidence of eyewitnesses on the only ground that they could not have identified Wirsa Singh as they did not know him previously. It has also been observed that it was dark at the relevant time.