BACHAN SINGH Vs. RAJVEER SINGH YADAV

JUDGEMENT

(1.) This appeal has been filed by the appellantsclaimants being aggrieved by award dtd. 27/3/2017 passed by the Fourth Additional Motor Accidents Claims Tribunal, Morena in Claim Case No. 551 of 2012.

(2.) It is the submission of learned counsel for the appellants that date of accident is 10/10/2012 and the deceased, namely, Vimla Devi, wife of appellant No. 1 Bachan Singh, died on 21/10/2012, due to effect of such accident, yet Claims Tribunal had rejected the claim petition in arbitrary and illegal manner, therefore, this appeal.

(3.) Learned counsel for the appellants has taken this court through the various documents on record to show that accident had taken place on 10/10/2012. It is submitted that F.I.R. was lodged on 12/10/2012 as is evident from Exh. P3. In this F.I.R., registration number of the offending vehicle is clearly mentioned. It is submitted that driver of the offending vehicle was arrested and offence was registered against him under Sec. 279 and 337 of Indian Penal Code and offending vehicle was seized on 2/11/2012. It is also submitted that Vimla Devi was admitted in District Hospital, Morena on 10/10/2012, intimation was furnished by the Medical Officer on Duty, District Hospital, Morena to the police vide Exh. P7 and, thereafter, deceased was referred to J.A. Hospital on 11/10/2012, where she was admitted on 11/10/2012 vide Exh. P10 and was discharged on 13/10/2012 vide Exh. P11. It is submitted that in the MLC, Exh. P8, it is clearly mentioned that there was a history of road accident. Vimla Devi has sustained swelling at mid parietal bone. There was contusion of mandible besides abrasions and complaint of pain. In discharge ticket, Exh. P12, diagnosis was head injury with blunt object. Thereafter, Vimla Devi was admitted in Konark Hospital on 20/10/2012, therefore, merely postmortem was not conducted cannot be a ground to deny compensation to the claimants.