FAO.No.697/2003 Page 1 of 5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO No. 697/2003 % Date of decision: 25th May, 2009 DILIP G.KRISHNAN & ANR. ..... Appellants Through: Mr. R.K. Tripathi, Adv. versus MEHBOOB KHAN ETC. ..... Respondent Through: None. CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA 1. Whether Reporters of Local papers may Yes be allowed to see the Judgment? 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be Yes reported in the Digest? JUDGMENT (Oral) 1. The appellant has challenged the judgment of the learned Tribunal whereby the learned Tribunal dismissed the claim petition. 2. The accident dated 14th January, 1990 resulted in the death of Chitra Parvati who was sitting on the pillion of the two-wheeler scooter which was hit by offending bus bearing No.UP-15-1805 as a result of which the deceased fell down and died on way to hospital. The husband of the deceased was driving the scooter. The bus fled away from the spot. The deceased was taken to the hospital by her husband. 3. The accident was caused by UP roadways bus bearing FAO.No.697/2003 Page 2 of 5 No.UP-15-1805 which is recorded in the DD Entry No.15A at PS Kotwali on 14th January, 2000 at 2.35 PM on the basis of the information conveyed by the wireless operator from the Police Picket. The relevant portion of the DD entry is reproduced hereunder:- “Information was received on wireless at 2.35 p.m. which has been recorded that at this time Wireless Operator, Police Station informed that near Picket Salimgarh one UP Roadways Bus No.1805 letter unknown caused an accident with a scooter and ran away. The injured has been taken to hospital. Scooter is standing at the site. The information has been given on wireless. After taking copy of the daily diary, the same was sent for necessary action to ASI Shiv Nand which which I ASI Kuldeep No.1268…….. (illegible) have registered. At this time information was received from Constable Abhay Veer Singh at JPN Hospital that an injured person who had met with an accident near Salimgarh and brought to the hospital was declared brought dead registered as C.R. No.3411/90. ….. ASI/DO.” 4. On 14th January, 1990, the FIR was registered at 4.00 pm in which it was recorded that bus bearing no. UP-15-1508 overtook from left side and hit the deceased who fell down. 5. The deceased was survived by her husband and a minor daughter who filed the claim petition before the learned Tribunal. 6. The appellant appeared before the learned Tribunal as PW-1 and deposed that he was going on his two-wheeler scooter to Mayur Vihar and his wife was sitting on the pillion when UP Roadways bus bearing No.UP-15-1508 came from behind and hit the back of his wife who fell down and suffered grievous injuries resulting in her death. PW-1 proved the documents Ex.PW-1/1 - photocopy of ration card, Ex.PW-1/2 - photocopy of marriage FAO.No.697/2003 Page 3 of 5 certificate, Ex.PW-1/3 - photocopy of school leaving certificate of the deceased, Ex.PW-1/4 - photocopy of birth certificate of petitioner No.2, Ex.PW-1/5 - photocopy of last pay certificate of deceased, Ex.PW-1/6 – photocopy of the FIR, Ex.PW-1/7 - photocopy of post mortem report, Ex.PW-1/8 - photocopy of death certificate of the deceased issued by the hospital and Ex.PW-1/9 - photocopy of death certificate issued by MCD. 7. PW-2 proved Ex.PW2/1 – certified copy of chargesheet, Ex.PW2/2 – DD No.150 dated 14th January, 1990 in FIR 27/90, Ex.PW2/3 – MLC of Shri Dilip Kumar dated 14th January, 1990, Ex.PW2/4 – site plan of incident in FIR No.27/90, Ex.PW2/5 – seizure memo of Mehboob Khan in FIR No.27/90, Ex.PW2/6 – seizure memo of bus No.UP-15-1805, Ex.PW2/7 – seizure memo of two wheeler scooter No.DNK-0684, Ex.PW2/8 – Inspection Report of scooter No.DNK-0684, Ex.PW2/9 – Inspection Report of bus No.UP-15-1805, Ex.PW2/10 – seizure memo of driving licence, Ex.PW2/11 – superdarinama of scooter No.DNK-0684, Ex.PW2/12 – superdarinama of bus No.UP-15-1805, Ex.PW2/13 – duty ship of Shri T.N. Tiwari dated 14th January, 1990, Ex.PW2/14 – memo of Jama Talasi of Shri Mehboob Khan, Ex.PW2/15 – receipt of Dilip G. Krishnan, Ex.PW2/16 – post mortem report and Ex.PW2/17 – statement. 8. The driver of the bus appeared in the witness box as RW-1 and denied the involvement of the bus in the accident. However, there was no denial that the bus passed the spot at the time of the accident. FAO.No.697/2003 Page 4 of 5 9. The learned Tribunal held that the appellant was driving the scooter which was hit from the back and, therefore, he could not have noted down the bus number which hit the scooter. The learned Tribunal believed the statement of the driver of the bus who deposed that no accident was caused from his bus. The learned Tribunal also relied upon the mechanical inspection report - Ex.PW-2/9 according to which there was no damage on the UP Roadways bus. 10. The learned Tribunal has not correctly appreciated the evidence and documents on record. The DD entry Ex.PW-2/2 was recorded on 14th January, 1990 at 2.35 PM on the information given by the police that UP Roadways bus has caused an accident with a scooter and ran away which is corroborated by the statement of the appellant who appeared as PW-1. The police carried out the investigation and filed the challan in which the involvement of the UP Roadways bus bearing No.UP-15-1805 was confirmed. The evidence of PW-1 read with DD entry Ex.PW-2/2 and the challan Ex.PW2/1 clearly proves that the accident in question was caused by the UP Roadways bus bearing No.UP-15- 1805. The MLC also contains reference to UP roadways bus No.1805 but the appellant appears to have stated the bus to be of Haryana Roadways as he was in the state of utter confusion due to the death of his wife. 11. The finding of the learned Tribunal is set aside insofar as the issue No.1 is concerned. The issue No.1 is decided in favour of the appellant. With respect to the remaining issues, there is FAO.No.697/2003 Page 5 of 5 no finding of the learned Tribunal and, therefore, the case is remanded back to the learned Tribunal. 12. The impugned judgment is set aside and the issue No.1 is decided in favour of the appellant. With respect to the remaining issues, the case is remanded back to the learned Tribunal for being decided on merits. The appellant shall appear before the learned Tribunal on 31st July, 2009. 13. Considering that the accident is dated 14th January, 1990, the learned Tribunal is directed to expeditiously decide the claim petition. 14. Copy of this order be given „Dasti‟ to learned counsel for the appellant under signatures of Court Master. J.R. MIDHA, J MAY 25, 2009 s.pal