2008 INSC 1746
                                    SUPREME COURT OF INDIA

                                                   Nabeesa

                                                      Vs.

                                            Joy Alias Lonappan

                                       C.A.Nos.5096-5097 of 2008

                                     (S.B. Sinha and Aftab Alam JJ.)

                                                  13.08.2008

                                                   ORDER

1. Leave granted.

2. 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.

3. 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.

4. 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.

5. The appeal is dismissed accordingly. No costs.

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