KIRAN BALA Vs. RAJEEV SHARMA

JUDGEMENT

(1.) The claimants aggrieved by the decision of the Tribunal that there was no nexus between the death of Shiv Parsad and the injuries he sustained in the motor accident have come forward with the present appeal. The Tribunal having thus held awarded only a sum of Rs. 50,000/- as lumpsum compensation.

(2.) It has been contended by the claimants in the claim petition that when Shiv Parsad (since deceased) was going alongwith his wife Kiran Bala in a rickshaw from their house to PGI, Chandigarh on 3.12.2005, a motorcycle bearing registration No.HR-23-B-9602 driven at a high speed in a rash and negligent manner by the 1st respondent came from behind and struck against the rickshaw and as a result of which Shiv Parsad fell down and received serious injuries. Contending that he remained under treatment and later on died on 13.3.2006 due to the injuries he sustained in the accident, the claimants claimed a sum of Rs. 25 lacs as compensation.

(3.) The 1st and 2nd respondents contended in the written statement that the claimants suppressed the fact that the deceased was a patient of diabetes for more than 10 years and that he had been undergoing treatment in PGI, Chandigarh. They sought for dismissal of the claim petition.