MURLI Vs. ARUN KUMAR

JUDGEMENT

(1.) Instant appeal has been preferred by the claimant-appellant against the impugned judgment and award dtd. 23/11/2017 passed by the Court of Motor Accident Claims Tribunal, Bharatpur in Motor Accident Claim Case No. 1587/2016 (hereinafter referred to as 'the Tribunal'), whereby the Tribunal after framing the issues, evaluating the evidence on record and hearing the counsel for the parties rejected the claim petition preferred by the claimant appellant on the ground of delay in lodging the F.I.R. and non-production of the medical record with regard to the treatment taken by the injured after the accident.

(2.) Learned counsel for the claimant-appellant submits that it is the admitted position of facts that injured was going on a motorcycle bearing No. RJ-05-3M-9663 in right direction from his village- Awar to Bharatpur but on the way, the driver of motorcycle bearing No. RJ-05-SB-3607 was driving his motorcycle in a rash and negligent manner and caused accident on 22/1/2006 in which the claimant-appellant sustained injuries and thereafter the claim petition was filed seeking compensation of Rs.22,70,600.00.

(3.) Counsel for the claimant-appellant further submits that after rejection of the claim petition by the Tribunal, the claimant-appellant got a copy of the register related to Regular Criminal Case of F.I.R. No. 85/2007 registered with regard to the same accident at Police Station Sewar, District, Bharatpur under Ss. 279, 337 and 338 of IPC, which indicates that the driver of the vehicle was convicted vide judgment dtd. 28/11/2007 passed by the Court of Additional Chief Judicial Magistrate No. 3, Bharatpur and a fine of Rs.6,00.00 was imposed upon him. Counsel for the claimant-appellant submits that apart from above information, the claimant-appellant received a copy of the admission and discharge ticket of the claimant-appellant issued by the Medical Officer of Government RBM Hospital, Bharatpur, which clearly indicates that the claimant-appellant received injuries in a road traffic accident on 27/1/2007 that is on the fateful day in the aforesaid accident caused by the respondent No. 1, which clearly indicates that the injured has sustained multiple injuries in the said accident.