considered, it is evident that there is no
Zebra crossing at the place of accident and the place of
accident is a National Highway ... accident has
taken place. He has admitted there is no zebra crossing in front
of Maruthi Medicals, where the accident occurred. So his
evidence also
effect that the claimant was crossing the road without any
Zebra crossing and that while crossing the road the accident took
place. However, the statement ... unable to answer as to where was the location of nearest zebra
crossing which claimant was supposed to have used for crossing the road since
crossing the road at a place where there was no zebra
crossing or red light. Based on this answer by PW-3, the learned
Tribunal ... crossing the road at a place where there was
no zebra crossing or red light. PW-3 also admitted that the
deceased
tried to cross the road
where there was no such zebra crossing and by placing the
reliance on the decision in the case of KOOSAPPA ... zebra
crossing.
13. From perusal of the Police papers and cross-
examination of PW.1, it is evident that there was no such zebra
crossing
generally pedestrians should cross the road
only where there is a zebra cross.
14. Out of the exhibits marked for prosecution ... cross. Hence it appears that the
alleged accident was happened due to the unscientific road
crossing attempted by the victim in a non-zebra crossing
deceased) were crossing the road from designated spot/Zebra
Crossing in front of Gate No. 1, DPS School, Vasant Vihar, New
Delhi, after seeing left ... husband Sh. Mahabir Prasad (since deceased) were
crossing the road from Zebra Crossing in front of DPS School,
Vasant Vihar, New Delhi, after watching
about mid night. PW3
could not tell if there was any zebra crossing at the spot.
8. PW4 SI Sanjay Panghal deposed that ... highlight that in the site
plan there is no mention of zebra crossing being present. The site plan,
although is stated to have been prepared
Mahabir Prasad (since deceased) were crossing the
road from designated spot/Zebra Crossing in front of Gate No. 1,
DPS School, Vasant Vihar, New Delhi ... husband Sh. Mahabir Prasad (since deceased) were crossing the
road from Zebra Crossing in front of DPS School, Vasant Vihar,
New Delhi, after watching
mtrs behind, it
was dark and there was no zebra crossing. The complainant was crossing
the road in a hurry. Complainant was firstly ... show any zebra crossing or any red light. Needless to say that
crossing of road by the complainant through a zebra crossing and
jumping
crossing at any exact point at which the
alleged victim was crossing the road and whether there was existence of any zebra
crossing ... ladies were crossing the road from a place earmarked for the pedestrians
to cross the road or that there was any zebra crossing
