Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 5096-5097 OF 2008
[Arising out of SLP(C) Nos. 15558-15559/2003]
NABEESA AND ORS. ... APPELLANT(S)
:VERSUS:
JOY ALIAS LONAPPAN AND ORS. ... RESPONDENT(S)
O R D E R
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.
..........................J
(S.B. SINHA)
..........................J
(AFTAB ALAM)
NEW DELHI,
AUGUST 13, 2008.