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.