RAMESH CHANDER DHEER Vs. JANG BAHADUR SINGH

JUDGEMENT

(1.) The appellant is aggrieved by the order of the MACT dated 31.8.2009 vide which the claim filed by the petitioner Ramesh Chander Dheer had been dismissed.

(2.) The case of the petitioner is that he had suffered an accident on 24.1.1998 while he was on his way to Chandigarh in Maruti Esteem car; this was at 10:30 a.m.; while he was on the National Highway between Ambala and Chandigarh at Lalru Village all of a sudden an Ambassador car bearing No. CHO 1G 1497 being driven by the driver Jang Bahadur Singh in a rash and negligent manner hit him as a result of which Ambassador car had lost balance and collided with the Esteem car of the petitioner; the petitioner suffered grave and serious injuries. The present claim for compensation was filed admittedly after five years i.e. on 11.2.2002.

(3.) In the written statement filed by the respondents, it was denied that the respondent driver of the Ambassador car was guilty of negligence; contention was that the accident had occurred admittedly on 24.1.1998 and there was no explanation as to why the petitioner was lodging his claim after an unexplainable delay of five years; contention was that it was a false claim.