DHANTO BAI Vs. GYAN SINGH

JUDGEMENT

(1.) This Misc. Appeal has been filed by the claimants/appellants being aggrieved by award dated 27.09.2005 passed by the Court of II-Additional Motor Accident Claims Tribunal, Gwalior, whereby Claim Case No.93/2004 filed by the appellants Smt. Dhanto Bai and Mauji Ram has been rejected on the ground that there are several contradictions in the testimony of Mauji Ram as to the place and time of the accident.

(2.) In the FIR (Ex.P/1), which was lodged on 22.04.2004 it is mentioned that on 16.04.2004 at about 13.45 hours when author of the FIR i.e. Mauji Ram, father of the deceased, and his son were working on a 'Khadan' then his son was standing by the side of a Neem tree to take rest when tractor No. UP 96-0797 had come from the side of Akabar Pur, being driven at a high speed and negligently and had hit Brijesh Kumar causing grievous injuries, as a result of which he had sustained injury in his waist, thigh of the left leg, knee and ankle besides sustaining other injuries on the body. It has also been mentioned in the FIR that on account of such injuries, he was admitted in Sahara Hospital, Gwalior and this incident was seen by Veer Singh, Dinesh and others. Reason for delay in the FIR has been shown to be poor condition of the boy, who was under treatment.

(3.) Learned counsel for the appellant submits that learned Claims Tribunal has arbitrarily overlooked complete testimony of Mauji Ram (P.W.2) and has selectively read his cross-examination so to reject the claim, whereas the fact is that if complete testimony of Mauji Ram is read then it will be apparent that Mauji Ram was present at the place of the incident when accident took place and is an eye witness and, therefore, merely reading certain lines from his cross examination in para 6 will not render his testimony doubtful. It is also submitted that delay of 6 days in lodging of FIR is not so fatal to throw out the case of the claimants. Shri A.K. Agrawal, learned counsel for respondent No.3/Insurance Company on the other hand submits that as per Ex.P/8, which is MLC, a document prepared at Sahara Hospital where admittedly deceased Brijesh was taken for admission on 16.04.2004 itself, wherein it is mentioned as per the statements attributed to the patient, which reads as under:-