Evidential value -- Daily dairy report was entered on the statement of respondent No.6, who was, at the relevant time, driving the motorcycle he cannot be expected to admit his negligence – In support of the claim petition, eyewitness has appeared before the Court to depose, he has been thoroughly cross examined by putting searching questions -- His deposition has been found creditable.

(P&H HC) Decided on: 06.07.2021

Compensation in motor vehicle accident case – Evidential value -- Daily dairy report was entered on the statement of respondent No.6, who was, at the relevant time, driving the motorcycle he cannot be expected to admit his negligence – In support of the claim petition, eyewitness has appeared before the Court to depose, he has been thoroughly cross examined by putting searching questions -- His deposition has been found creditable by the Tribunal -- Hence, the contention is without substance.

(P&H HC) Decided on: 06.07.2021

Immediately after the accident, on the same day, brother of the deceased has lodged DDR -- In the said DDR, it has been mentioned that the accident has taken place by chance when the deceased was crossing the road and nobody is at fault for this accident -- On the basis of this DDR, the inquest proceedings were carried out – Entire case of the appellants-claimants is based on the statement of PW-2 / “M” – No material on record to show that the claimants have moved any application to the police to take up the investigation of the case and to join “M” in the investigation -- PW-2/ “M” was familiar to the family members of the deceased and he also attended his 'Bhog' ceremony -- He had ample opportunity to disclose negligence of driver but he never came forward with any such version prior to make the statement in the Court – In these circumstances the presence of PW-2 / “M” at the time of occurrence is not established – Claimant failed to prove rash and negligence of Bus driver for causing accident – Claim petition rightly dismissed.

(P&H HC) Decided on: 12.05.2016