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S.B. Civil Misc. Appeal No.526/2004
Manjeet Kaur & Ors. vs. Darshan Singh & Ors.
S.B. Civil Misc. Appeal No.526/2004
Manjeet Kaur and others.
vs.
Darshan Singh and others.
Date : 8.9.2008
HON'BLE MR. PRAKASH TATIA, J.
Mr.GJ Gupta, for the appellant.
Mr.HS Sidhu )
Mr.Anil Bachhawat ) for the respondents.
– – – – –
Heard learned counsel for the parties on the
appeal itself as the appellant has submitted
application for early hearing.
According to the claimants/appellants, the
accident occurred on 24.2.1997 in which the appellant
no.1’s husband Gurtej Singh who is father of appellants
no.2 and 3 died. For this accident, a report was given
to the police on 4.3.1997 upon which FIR was registered
wherein it has been mentioned that Gurtej Singh died
because of the motor cycle skid. However, on 23.4.1997,
after two months from the date of accident, another FIR
has been submitted on the basis of the alleged
information given by one relative of deceased and
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S.B. Civil Misc. Appeal No.526/2004
Manjeet Kaur & Ors. vs. Darshan Singh & Ors.
appellants – Aw2 Resham Singh. AW2 Resham Singh is the
only witness to prove the fact of accident by the
tractor trolley in which victim Gurtej Singh died. The
tribunal in the impugned order dated 22.1.2004
considered the statement of AW2 Resham Singh in detail
and thereafter held that he is absolutely unreliable
and, therefore, the appellant failed to prove the
accident. The Tribunal, therefore, rejected the claim.
Learned counsel for the appellant submitted that
there is eye witness who saw the accident but since he
was under impression that it was a minor accident,
therefore, he did not stop on the spot and went away.
Subsequently, he came to know that the victim had died
and he could identify the driver of the vehicle who
caused the accident and he informed the appellants
about the true facts, upon which the FIR was lodged and
challan was filed after investigation. The trial court
has, therefore, committed serious error in rejecting
the claim petition.
I considered the submissions of learned counsel
for the parties and perused the facts of the case as
well as the impugned order.
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S.B. Civil Misc. Appeal No.526/2004
Manjeet Kaur & Ors. vs. Darshan Singh & Ors.
Undisputedly, according to the appellants
themselves, the accident occurred on 24.2.1997. Sole
reason for lodging the FIR is the information given by
AW2 Resham Singh who in cross examination could not
prove his trustworthiness in any manner. His conduct
was highly doubtful. His statement that after seeing
the accident, he did not stop there, yet he could note
the number of the tractor. His remaining silent for two
months is also sufficient reason for disbelieving his
statement. He initially stated that he had no relation
with the deceased but subsequently he admitted his
relationship with deceased yet he did not inform the
family members of the deceased that the accident
occurred. In totality, the learned Tribunal has not
committed any error of fact or law.
In view of the above, I do not find any merit in
the appeal. Consequently, this appeal is dismissed.
The stay petition is also dismissed.
(PRAKASH TATIA), J.
S.Phophaliya