LAWS(RAJ)-2015-3-355

BABU LAL Vs. RAJENDRA SINGH AND ORS.

Decided On March 09, 2015
BABU LAL Appellant
V/S
Rajendra Singh And Ors. Respondents

JUDGEMENT

(1.) This appeal has been filed by the claimant appellant against the judgment passed by the Tribunal. Brief facts of the case are that the claimant filed a claim petition before the Tribunal with regard to injuries sustained by her in a road accident which is said to have taken place on 23.4.2008. Thereafter notices were issued; reply was filed; certain issues were framed and after hearing all the parties, the learned Tribunal passed the judgment dated 27.9.2011 dismissing the claim petition.

(2.) Being aggrieved by the aforesaid judgment, this appeal has been filed by the claimant.

(3.) Learned counsel for the appellant has contended that Tribunal has not not properly appreciated the oral as well as documentary evidence available on record. He has further contended that the finding of the Tribunal is perverse and based on a wrong notion overlooking the settled proposition of law that delay in FIR is not fatal, that too when FIR resulted in charge sheet and even there is no evidence disbelieving the accident. Hence the impugned judgment passed by the Tribunal deserves to be quashed and set -aside.