Shanti Devi vs State of Haryana

G.C. Garg, J.—The appellant herein filed a petition u/s 92-A, 92-B, read with Section 110-A of the Motor Vehicles Act seeking compensation in the sum of Rs. 40,000/- from the respondents. As per the allegations made, she is 65 years of age and was travelling on February 12, 1983, by bus No. HYA 8145 alongwith her husband from Delhi to Chandigarh. The bus with an accident at about 5.20 p.m. near Uchana Lake on G.T. Road, Karnal when it went on the wrong side as the driver was driving the bus rashly and negligently and at a fast speed. Consequently, the bus fell into a khad. As a result of this, she sustained grievous injuries and was permanently disabled. The further allegation is that her husband also sustained injuries.

The respondents controverted the averments made by the appellant. It was stated that a minor incident did take place on that day because of the bursting of the brake-pipes and the consequent failure of the brakes. It was defined that any passenger sustained injuries. It was further stated that the appellant was not even a passenger in the bus. The Motor Accidents Claims Tribunal by award dated September 15,1984, dismissed the claim petition, leaving the parties to bear their own costs. Under Issue No. 1, the learned Tribunal found that there was no evidence to show, firstly that the accident as alleged did take place; secondly, that the claimant suffered any injury in the accident and lastly that she was a passenger in the bus. Dissatisfied with the award of the learned Tribunal, the claimant preferred the present appeal.

I have gone through the evidence produced by the claimant-appellant and find that the Tribunal was justified in recording a finding as noticed above under Issue No. 1. There is no evidence to support the allegation of the appellant that she was a passenger in the bus which met with an accident as alleged. There is further no evidence on record that the appellant sustained injuries for which she is entitled to damages. The statement of Dr. Sethi only records that he treated her for frozen shoulder and he nowhere stated that the claimant suffered this injury while travelling in Bus HYA 8145 on February 12,1983. The learned Tribunal was also right in observing that there was no evidence to hold that the accident, as alleged did occur.

In the situation aforesaid, I find that there is nothing on record to support the claim of the appellant. She has not even appeared her own witness. Once the accident is not proved, the appellant is not entitled to any damages, in any case, there is again no evidence of the injuries suffered by her for which she could be awarded damages.

For the reasons recorded above, this appeal fails and is dismissed. No costs.