STATE OF RAJASTHAN Vs. JUBEDA BEGUM

JUDGEMENT

(1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act of 1986") has been filed by the appellants against the order dated 3.5.2003 passed by the learned District Forum, Bundi in Case No. 134/2002 by which the complaint filed by the complainant -respondent No. 1 under Section 12 of the Act of 1986 was allowed and the appellants were directed to pay Rs. 2 lacs to the complainant -respondent No. 1 along with interest @ 9% p.a. with effect from 5.3.2002 and the complainant -respondent No. 1 was also awarded Rs. 5,000/ - towards mental agony and Rs. 1,000/ - as cost of litigation.

(2.) IT arises in the following circumstances:

(3.) IN this appeal, the main argument of the learned Counsel for the appellants is that the complainant -respondent No. 1 had failed to prove the fact that death of the deceased had taken place due to alleged injury on the head and for that, reliance has been placed on the inquiry report dated 5.3.2002 submitted by Shri L.R. Lotan, who conducted the investigation on behalf of the appellants, where he came to the conclusion that the cause of death of the deceased was heart attack and the death of the deceased was not treated by him as accidental one.