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2002 DIGILAW 237 (JHR)

Rachana Tejpal v. Ramashish Upadhaya

2002-02-21

GURUSHARAN SHARMA, HARI SHANKAR PRASAD

body2002
JUDGMENT Claimants are appellants. By impugned judgment dated 10.12.1999, an application for compensation under the provisions of Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the Act') filed by them in respect of death of one Vikram Dutta alias Vikram Jeet Tejpal in the motor accident dated 2.6.1996 was rejected. 2. It is not in dispute that the deceased while going on a motor cycle on the fateful day was dashed by a mini bus (BR 13-9926), as a result of which he sustained serious injuries and died on spot. 3. Certified copies of formal first information report, charge-sheet and post mortem report were brought on record in support of death of deceased in the accident. 4. First Information Report was lodged by a Choukidar stating therein that in the accident in question mini bus (BR 13•• 9926) was involved and after investigation charge-sheet was submitted against driver of the said bus. 5. Owner and driver of the said bus filed written statement, but did not deny involvement of the Bus in question in the accident; rather stated that insurer was responsible to pay compensation. 6. It appears that for the purpose of deciding the claim case tribunal framed as many as six issues but without considering those issues and discussing evidence on record dismissed the claim application only on the ground that there was no eye witness to the occurrence and there was only hearsay evidence of involvement of the bus in question therein. 7. We, therefore, set aside the impugned judgment dated 10.12.1999 and remit the case to the tribunal for deciding it afresh in accordance with law, on the basis of materials already on record within three months from the date of receipt or communication of a copy of this order. 8. This appeal is disposed of accordingly.