Amar Singh v. Hardeep Singh & Anr.

Heard Sri Mohd. Azim, learned counsel for the appellant, Sri P.C. Maulekhi, learned counsel for the respondent No. 2 and perused the record. 3

Learned counsel for the appellant has submitted before the Court that the Tribunal without considering the facts and circumstances of the case dismissed the claim petition of the claimant. He has also contended that the driver of the bus in question, driving the bus in a very rash and negligent manner due to which, the claimant received injuries. He has further submitted that the Tribunal did not consider the medical bills submitted by the claimant before the Tribunal.

Sri P.C.Maulekhi, learned counsel respondent No. 2 has invited my attention towards the claim petition, wherein the age of the claimant was mentioned as 15 years on the date of accident. He has submitted that the claimant/injured was minor and could not possess the driving licence on the date of accident, therefore, the Tribunal has rightly dismissed the claim petition of the claimant.

In order to resolve the sole controversy, I have gone through the entire record available before me. After going through the entire record as well as hearing learned counsel for the parties, I am of the view that the Tribunal has rightly dismissed the claim petition of the claimant/appellant. It is apparent from the perusal of the claim petition that the claimant was minor on the date of accident. Further from the perusal of the statement of Sri Pooran Singh (P.W.1) who has stated that the accident took place due to rash and negligent driving of the driver of the bus and the date of birth of the claimant is 25.03.1989. From the statement of the P.W.1, it is apparently clear that the claimant/injured was 15 years of age on the date of accident and in the minor age the claimant could not be issued valid driving licence. The statement of Rajiv Singh (D.W.1) who has stated in his evidence that the 4 bus was standing on the side of the road in order to get down the passengers. The claimant could not produce any evidence in order to revert the statement of D.W.1. Therefore, I am in total agreement with the findings of the Tribunal that the claimant/injured driving the said motorcycle in a very rash and negligent manner and collided with the standing bus. The claim of the appellant has rightly been rejected by the Tribunal. I do not find any force in the present appeal. The appeal lacks merit and is liable to be dismissed.