Nabeesa & Ors. Vs.
Joy Alias Lonappan & Ors.  INSC 1363 (13 August 2008)
JURISDICTION CIVIL APPEAL NOS. 5096-5097 OF 2008 [Arising out of SLP(C) Nos.
15558-15559/2003] NABEESA AND ORS. ... APPELLANT(S) :VERSUS:
ORDER Leave granted.
The question which
arises for consideration in these appeals is as to whether in absence of any
proof of negligence on the part of the driver of the offending vehicle, the
Motor Accidents Claims Tribunal was correct in declining to grant an award of
compensation in favour of the appellant.
Learned counsel for
the appellant submits that the names of the witnesses who had seen the
occurrence would appear from the First Information Report and other documents
which must have been filed by the Investigating Officer in the criminal case
which was initiated against the driver of the said vehicle.
-2- Both the Tribunal
and the High Court recorded a finding of fact that the negligence on the part
of the first respondent had not been proved. Before the High Court, merely an
oral statement was made that a list of witnesses have been filed. The High
Court, however, noticed that even such a ground had not been taken in the memo
of appeal. We are, therefore, not in a position to accede to the request of the
learned counsel to grant the appellant another opportunity to produce her
witnesses before the Tribunal.
The appeal is
dismissed accordingly. No costs.
DELHI, AUGUST 13, 2008.