LAWS(MPH)-2000-6-46

IBRAHIM JI Vs. NARENDRA BHARGAVA

Decided On June 22, 2000
Ibrahim Ji Appellant
V/S
Narendra Bhargava Respondents

JUDGEMENT

(1.) CLAIMANT has felt aggrieved of an award, dated 24.12.1996, passed by Additional M.A.C.T., Mandsour, in Claim Case No. 13/90. By impugned award, the claimant's application claiming compensation has been dismissed in toto and hence he is in appeal.

(2.) IN an accident that occurred on 7.9.1987, the claimant (appellant herein), while travelling in matador, received injuries due to rash and negligent driving of matador driver. The injuries were in his both hands in the nature of fracture of bone.

(3.) HAVING heard the parties and perused the record, I do not find any illegality in the impugned award rejecting claim petition. Admittedly, the claimant did not file any medical evidence that he received immediately after the date of accident or of a period relating to its near proximity. What he filed was of the year, 1995, i.e.,after eight years of the incident. Such medical document is of no consequence as they do not relate to the cause of accident. In order to enable the claimant to claim the compensation for the injuries suffered, it is necessary for him to have pleaded and proved by filing medical evidence showing receiving of medical treatment just immediately after the date of accident. That would have justified that the claimant has received the injuries as a result of accident.