Bano Begum & Ors. v. Pradeep Kumar & Ors.

Delhi High Court · 27 Oct 2009 · 2009:DHC:4504
J. R. Midha
FAO No. 442/1999
2009:DHC:4504
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the appeal challenging the Tribunal's rejection of a motor accident claim, holding that the deceased's own negligence caused the fatal accident.

Full Text
Translation output
HIGH COURT OF DELHI
FAO.No.442/1999
Date of Decision: 27th October, 2009 BANO BEGUM & ORS ..... Appellants
Through : Mr. J.S. Kanwar, Adv.
VERSUS
PRADEEP KUMAR & ORS ..... Respondents
Through : Mr. Mohan Babu Aggarwal, Adv.
CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT

1. Whether Reporters of Local papers may be allowed to see the Judgment?

2. To be referred to the Reporter or not?

3. Whether the judgment should be reported in the Digest? JUDGMENT (Oral)

1. The appellants have challenged the award of the learned Tribunal whereby their claim petition was dismissed by the learned Tribunal.

2. The accident dated 11th June, 1993 resulted in the death of Salma. The deceased was survived by her mother and two sisters who filed the claim petition before the learned Tribunal.

3. The deceased was traveling in bus bearing No.DEP 3622 and she took out her head from the bus and was hit by another bus coming from the opposite direction which 2009:DHC:4504 resulted in her death.

4. The learned Tribunal dismissed the claim petition on the ground that the deceased had been negligent and the accident occurred due to her own negligence and there was no negligence on the part of the bus driver.

5. The findings of the learned Tribunal are based on the evidence on record and there is no infirmity in the findings of the learned Tribunal.

6. The appeal is, therefore, dismissed. J.R. MIDHA, J OCTOBER 27, 2009 mk