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Accidental death case: Delhi court dismisses petition after noting implication of wrong school bus- 4-Jun-2023
New Delhi: Rejecting a petition in a case of accidental death, a court here has deprecated the advocate concerned, saying despite knowing the wrong bus number was mentioned in the plea, the counsel continued to proceed with the matter and dragged the respondents intentionally for two years.
Presiding Officer of Motor Accident Claims Tribunal Sudesh Kumar was hearing a petition pertaining to the allegation that the private school bus was involved in an accident which caused the death of the petitioner's son.
The judge said the registration number of the school bus was not mentioned in the cancelled detailed accident report (DAR) filed by the Delhi Police and even the petitioner's counsel failed to explain how the school bus' number was mentioned.
“Even after knowing the fact that the wrong bus number has been mentioned in the petition, counsel for the petitioners continued to proceed with the matter and dragged the respondents intentionally for two years.
Therefore, in view of the above submissions, this petition is rejected,” the court said.
It said that it is a fit case for imposing costs wherein respondent no. 1 (the private school) was harassed for about two years despite objections being raised.
“However, it seems that it is a mistake on the part of the counsel for the petitioners. I do not want to burden the petitioners with costs who are already facing hardships due to death of their son,” the judge said.
The petitioner's son while overtaking the moving bus from the left side tried to save a pedestrian from colliding with his motor vehicle, got imbalanced and fell, thus sustaining fatal injuries on November 15, 2019, in South Delhi.
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