ORDER

1. THIS APPEAL BY SPECIAL LEAVE IS DIRECTED AGAINST THE JUDGMENT AND ORDER OF THE HIGH COURT OF DELHI IN FAA NO. 225 OF 1993 DATED 8-9-1999 WHEREBY THE HIGH COURT DISMISSED THE APPEAL PREFERRED BY THE APPELLANTS UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. EARLIER THE MOTOR VEHICLES ACCIDENTS CLAIMS TRIBUNAL, DELHI HAD DISMISSED THE CLAIM PETITION OF THE APPELLANTS BY ORDER DATED 26-8-1993.

2. THE ACCIDENT IS ALLEGED TO HAVE TAKEN PLACE ON 18-9-1988. ONE ABDUL KADIR, WHO WAS GOING ON A BICYCLE IS STATED TO HAVE BEEN HIT BY THE BUS OWNED BY THE RESPONDENT CORPORATION AND DRIVEN BY RESPONDENT 3, THE DRIVER. THE CASE OF THE APPELLANTS WAS THAT THE VEHICLE WAS BEING DRIVEN IN A RASH, RECKLESS AND NEGLIGENT MANNER AS A RESULT OF WHICH THE AFORESAID ABDUL KADIR SUSTAINED SERIOUS INJURIES INCLUDING HEAD INJURIES, RESULTING IN HIS DEATH.

3. THE TRIBUNAL AS WELL AS THE HIGH COURT HAVE CONSIDERED THE EVIDENCE ON RECORD PRODUCED ON BEHALF OF THE CLAIMANTS AND THE RESPONDENTS, AND THEY HAVE CONCURRENTLY RECORDED THE FINDING OF THE FACT THAT THE BUS, AT THE TIME OF THE ACCIDENT, WAS STATIONARY AND IT WAS THE DECEASED WHO CAME ON A BICYCLE IN A RASH AND NEGLIGENT MANNER AND HIT THE BUS. THE CYCLE STRUCK THE FRONT BUMPER OF THE BUS AS A RESULT OF WHICH THE DECEASED FELL DOWN. AS A RESULT OF THE IMPACT, HE SUFFERED SKULL INJURIES WHICH RESULTED IN HIS DEATH.

4. WE HAVE HEARD COUNSEL FOR THE PARTIES AND WE HAVE EXAMINED THE EVIDENCE ON RECORD.

5. THERE IS EVIDENCE OF TWO PASSENGERS WHO HAVE DEPOSED THAT THE BUS WAS STATIONARY WHEN THE DECEASED CAME ON HIS BICYCLE IN A RASH AND NEGLIGENT MANNER AND HIT AGAINST THE BUS, WHICH WAS STATIONARY AS IT HAD STOPPED ON A RED SIGNAL AT THE CROSSING. WE FIND NO REASON TO INTERFERE WITH THE CONCURRENT FINDINGS.

6. THERE IS NO MERIT IN THIS APPEAL AND THE SAME IS, ACCORDINGLY, DISMISSED.