SEEMA & ORS Vs. NARINDER SINGH & ANR

JUDGEMENT

(1.) C.M 46374/2016 (Delay)

(2.) I have heard the learned counsel for the parties and have examined the file. On perusal of the record, it reveals that claim was declined solely on the ground that it was excluded under Section 3(1) of the Act. Learned Commissioner came to the conclusion that since the victim was under the influence of liquor at the time of occurrence, no claim for compensation could be entertained.

(3.) It is not in dispute that the victim Dalip Kumar had met with an accident while driving the TSR bearing registration No.DL1RL-4343 in front of Mayur Vihar-I, Metro Station on road Pandav Nagar, Delhi. Soon after the incident he was taken to hospital where he was medically examined. The examining doctor in the MLC recorded that the patient had smell of alcohol (++). Dr.Rakesh Singh from LBS Hospital proved the MLC No.12644/12 CR No.183673/12 dated 07.11.2012 prepared by Dr.Abhishek Rathi. He deposed that the deceased Dalip Kumar was attended by Dr.Abhishek Rathi who mentioned in the MLC, 'smell of alcohol (++)' which meant that the patient was excessively under the influence of alcohol. Basing its conclusion on its report, the learned Commissioner declined the compensation.