M.A. No. 1581/2000
21.06.2010
None appears for the appellant.
Record of the case is perused.
The present appeal has been filed by the
appellant/owner challenging the award passed by the
Motor Accident Claims Tribunal on 4.4.2000 wherein the
Claims Tribunal has allowed the claim and held that
claimants are entitled to a sum of Rs.1,76,000/- as
compensation and interest. On behalf of the claimant,
Munnalal PW-2 was examined who was traveling in the
bus no. M.K.J. 9849. He has stated in his statement that
when the said bus reached at the bus stand of Village
Marod on 13.1.98 and the passengers were getting down
from the bus, at that time the Driver of the bus suddenly
stated the bus, as a result of the same, Rajkumar fell down
and crushed under the rear wheel of the bus. The present
appellant entered into the witness box as DW-1 being the
owner. He has stated that bus no. M.K.J. 9849 was
standing in Majholi on 13.1.98 for repairing work and thus
he made an attempt that the aforesaid bus being
stationary, there was no question of traveling of claimant
in the said bus.
The Tribunal while appreciating the evidence came
to the conclusion that the aforesaid defence was not set
up in the written statement and, therefore, a finding of
fact was recorded that the statement of owner/appellant
cannot be believed as nothing has been stated with regard
to standing of bus in Majholi on 13.1.98.
In view of the aforesaid, according to this Court,
tribunal was correct in discarding the statement of the
present appellant/owner of the bus and was justified in not
believing the statement that Raj Kumar did not fell down
from the said bus as the bus was stationary. There was a
direct witness to the question of accident and the tribunal
has relied upon the statement of Munnalal, PW-2 who has
stated that Raj Kumar fell down as the Driver suddenly
started the bus as a result of which he crushed under the
rear wheel of the bus and died.
In view of the aforesaid finding of fact, I do not find
any substance in the appeal and accordingly, the appeal
stands dismissed.
(R.K. Gupta)
Judge
rao