NIKKI Vs. STATE OF HARYANA

JUDGEMENT

(1.) FIVE appeals, as noticed above, are being disposed of by this single judgment, having arisen out of the common impugned Award dated 07.11.1998, passed by the learned Motor Accident Claims Tribunal, Sirsa (for short, 'the Tribunal'). In F.A.O. No. 1269 of 1999, the learned counsel for the appellants contends that the death of the deceased, Nikka Ram, occurred on account of the injuries sustained by him in the accident, which took place on 12.04.1994. In F.A.O. Nos. 1270 to 1273 of 1999, the learned Counsel has prayed for enhancement of the amount of compensation.

(2.) ON the other hand, the learned counsel for the respondents contends that the claim petition filed on account of the death of Nikka Ram, has rightly been dismissed as the death is not relatable to the injuries suffered by him in the accident. The learned counsel have also opposed the other appeals for enhancement on the ground that the compensation already awarded is on the higher side.

(3.) AS per the record, the accident in question took place on 12.04.1994. To prove the case of the claimants, Naresh Kumar, son of the deceased, appeared as P.W.11, and stated that his father died 1 = years ago, due to the injuries sustained by him in the accident. This witness was examined on 21.11.1997, whereas the accident occurred in the year 1994, meaning thereby, that the deceased died after about two years after the accident. No postmortem report was placed on record to ascertain the cause of death. Therefore, the statement of this witness is sufficient to disbelieve the version put forth by the claimants. In the considered opinion of this Court, there is no perversity or illegality committed by the learned Tribunal in dismissing the claim petition of the claimants.