- (1.) The present appeal has been preferred by the appellant-claimants feeling dissatisfied against the award dated August 23, 1997 whereby claim petition preferred by them under Section 166 of the Motor Vehicles Act, 1988 (for brevity "the Act") seeking compensation on account of death of Sh. Anand Mohan Malhotra was dismissed.
(2.) Briefly stated the facts giving rise to the instant appeal are that Sh. Anand Mohan Malhotra 46 years of age was working with Delhi Transport Company, Naraina Depot as a Mechanic and on December 5, 1994 when a bus No.9463 of DTC was being repaired by him alongwith Bhudev Singh-the then senior Fitter, respondent No.3-Ram Bhawan started the bus despite having been warned by Naresh Kumar and Raj Singh Electricians. As a result thereof Sh. Anand Mohan Malhotra who was working under the bus was crushed. Resultantly, he succumbed to the injuries sustained by him in the accident.
(3.) Upon notice, the claim petition was resisted by respondents No.2 and 3 denying the accident as well as any kind of negligence on the part of respondent No.3 and it was alleged that he was not on duty on DTC bus No.9463. It was specifically pleaded by respondents No.2 and 3 that DTC bus No.9463 was neither driven by respondent No.3 nor Bhudev or Anand Mohan Malhotra ever met him on the date of accident. The respondents, accordingly, prayed for dismissal of the claim petition.;