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1992 Supreme(MP) 84

S.K.DUBEY
M. P. S. R. T. C. – Appellant
Versus
Rajendra Kumar – Respondent


Advocates:
M.L. Dhupar for appellant.

JUDGMENT

After hearing counsel and on going through the evidence on record, 1 am of opinion 'that this appeal has no merit. Law is well settled that unless some illegality is pointed out or detected, the findings of the trial Court are not liable to be interfered in appeal. The eye-witnesses to the accident were examined before the Tribunal, who had the advantage, which this Court sitting in appeal, does not enjoy, in having the witnesses before it and of observing the manner in which they gave their testimony. When there is a conflict of oral evidence on any matter in issue and its resolution turns upon the credibility of the witnesses, the general rule is that the appellate Court should permit the findings of fact rendered by the trial Court to prevail unless it clearly appears that some special feature about the evidence of a particular witness has escaped the notice of the trial Court or there is a sufficient balance of improbability to displace its opinion as to where the credibility lies. (See Madhusandas v. Narayani Bai, AIR 1983 SC 114).

It was contended by Shri Dhupar that the Tribunal found the deceased aged about 50 years; therefore, the multiplier of 12 fixed by t






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