BALJEET SINGH Vs. MUKESH KUMAR AND OTHERS

JUDGEMENT

(1.) The present appeal directs challenge against award dated 24.12.2012 passed by the Motor Accidents Claims Tribunal, Gurgaon whereby compensation has been assessed in respect of injuries sustained by the claimant but he has been paid 50% of the assessed amount as 50% negligence in the occurrence has been attributed to the claimant.

(2.) The Tribunal has awarded compensation of Rs.6,74,300/-, detailed in para 52 of the award, extracted thus:-

(3.) Counsel for the appellant has challenged correctness of findings recorded on issue No.1 with the submission that claimant Baljeet Singh appeared in the witness box and reiterated his version that accident took place due to rash and negligent driving of offending vehicle, bus bearing No.HR-55-8939 by Mukesh Kumar, its driver. It is further argued that nothing tangible and material has been elicited in cross examination of Baljeet Singh to shatter evidential value of his statement much less that he was at fault or can be attributed negligence for the occurrence. In addition, it is argued that Mukesh Kumar, driver of the offending vehicle did not appear in the witness box to counter testimony of Baljeet Singh or to say something as to how the occurrence in question took place. It is argued with vehemence that failure of Mukesh Kumar to appear in the witness box without any tangible explanation leads to an adverse inference against the respondents more particularly in the circumstances that it is none of the plea of driver and owner of the offending vehicle that present is a case of contributory negligence who on the contrary altogether denied involvement of their vehicle in the occurrence.