Bachan Kaur & Ors vs Pepsu Road Transport Corporation on 17 December, 2008

FAO No.898 of 1999                                          1

 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH



                                        FAO No.898 of 1999
                                        Date of Decision:17.12.2008


Bachan Kaur & Ors.

                                                  ....appellants

                    Versus



Pepsu Road Transport Corporation, Patiala & Ors.



                                                  .....respondent

CORAM:         HON'BLE MR.JUSTICE RAKESH KUMAR GARG

Present:      None for the appellants

                    ****

RAKESH KUMAR GARG J.

In this case, the claimants’ application for grant of

compensation was dismissed on the ground that the claimants have failed

to establish that Gurcharan Singh has not died due to rash and negligent

driving of bus bearing No.PJG-7381 by respondent No.3.

I have perused the impugned judgment. While returning the

findings against the appellants the Tribunal found that the sole testimony of

Kedar Nath is not sufficient to establish that the accident took place as a

result of the rash and negligent act of respondent No.3. While recording

the finding against the appellants, the Tribunal has found that the bus was

not recovered from the spot neither the driver was arrested. Even the

witness could not speak about the description of the driver. The claimants

have also not proved the records of the PRTC in order to establish that on

the day of occurrence respondent No.3 was working as driver over the bus
FAO No.898 of 1999 2

in question and the said bus had any route over the said road on the

relevant date.

Thus, I find no infirmity or illegality in the findings of the

Tribunal.

No merits.

Dismissed.

(RAKESH KUMAR GARG)
JUDGE
17.12.2008
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