M D, PANBAS Vs. RESHMA
LAWS(DLH)-2014-4-149
HIGH COURT OF DELHI
Decided on April 02,2014

M D, Panbas Appellant
VERSUS
RESHMA Respondents


Referred Judgements :-

SARLA VERMA VS. DELHI TRANSPORT CORPORATION [REFERRED TO]
RAJESH VS. RAJBIR SINGH [REFERRED TO]


JUDGEMENT

SURESH KAIT, J. - (1.)THE present appeal is preferred against the impugned award dated 29.04.2013, whereby the learned Tribunal has granted compensation for an amount of Rs.12,23,296/ - with interest at the rate of 9% per annum from the date of filing of DAR petition till realization of the amount.
(2.)MR .Kamal Sharma, learned counsel appearing on behalf of appellant submits that the negligence on the part of the respondent No.7, i.e., driver of the offending vehicle has not been established as there was no eye witness to the accident. However, while awarding compensation, the learned Tribunal has relied upon the testimony of PW2, Ravinder Singh, who is a planted witness. He submits that neither in examination -in -chief nor during cross - examination, the said PW2 stated nothing with regard to the negligence on the part of the respondent No.3.
He further submits that as per the copy of the ration card placed on record, the learned Tribunal has considered the age of the deceased as 40 years at the time of the accident. He submits that since the original ration card was not produced before the learned Tribunal, therefore, copy of the same could not be considered as an authentic piece of evidence as per the Indian Evidence Act, 1872. Thus, age of the deceased has not been established and in the absence thereof, there was every possibility of deceased having more than 40 years of age on the date of the accident.

(3.)ON negligence, the learned Tribunal had framed the following issue on 24.02.2012: -
"1. Whether Sh.Inder Prakash son of late Sh.Raghuvir Singh died due to road accident on 19.7.2011 at about 1.30 PM at GTK Road, Shani Mandir, near Yadu Green Farm House, Alipur within the jurisdiction of PS Alipur, Delhi involving offending vehicle No.PB 05R 8853 -



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