CAROLINE SUBRAMANIAM Vs. BIHAR STATE ROAD TRANSPORT

JUDGEMENT

(1.) This is an appeal by the claimants under Section 110-D of the Motor Vehicles Act (hereinafter referred to as 'the Act').

(2.) The facts in brief are that on 12-6-1979 while Lawrence Subramanium the husband of appellant No. 1 was going on a bicycle on the Purulia Road near High Tension Insulator Factory Namkum, Ranchi was knocked down by Bihar State Road Transport Corporation bus bearing No. BHX 7562 and in consequence thereof Lawrence Subramanium died in Ranchi Medical College Hospital. Claimant No. 1 who was at Calcutta at that time, after having come to know of the accident and the sad demise of her husband came to Ranchi and after performing the last rite lodged a claim under Section 110 of the Act. The learned claims tribunal, Ranchi, after hearing the parties rejected the claim on the ground that there was no evidence to show that the deceased was knocked down by the bus of the Bihar State Road Transport Corporation bearing No. 562. The appellants being aggrieved by the order of the claims. Tribunal have preferred this appeal under Section 110-D of the Act.

(3.) At the outset it must be stated that appellant No. 1 was the only witness examined on behalf of the claimants. In course of cross-examination it transpired that she was not a witness to the occurrence as she was at Calcutta at that time. Thus there was no evidence before the Tribunal to establish that deceased died as a result of being knocked down by a bus of the Bihar State Road Transport Corporation. The claims Tribunal had to reject the claim. Learned Counsel appearing on behalf of the appellants realising the infirmity in the evidence adduced on behalf of claimants filed an application under order XLI Rule 27 read with Section 151 of the Civil Procedure Code in this case. It has been averred that on the basis of the first information report lodged by one Girdhari Lai in relation to the accident caused by the Bihar State Road Transport bus bearing No. BHX 7562 a case had been instituted by Namkum Police. It has been averred that inspite of the best efforts, claimant No. 1 could not get certified copy of the first information report till the disposal of the claim case by the learned Judicial Commissioner, Ranchi. It has been averred that in the substantive police case, charge-sheet has been submitted against the driver of the Bihar State Road Transport bus bearing No. 7562. Mr. P.C. Roy, learned Counsel for the appellants has contended that if the first information report lodged by Girdhari Lal and charge-sheet are taken into account, it will show that the deceased died by an accident caused by Bihar State Road Transport Corporation bus. A prayer has, therefore, been made for taking additional evidence by examining Girdhari Lal, and also the police officer who submitted charge-sheet as also to admit the first information report and the charge-sheet submitted against the driver of the Bihar State Road Transport Corporation bus.