URMILA & ORS Vs. RANVEER & ANR

JUDGEMENT

(1.) Instant civil misc. appeal has been filed by the claimants-appellants under Section 173 of the Motor Vehicles Act against the judgment & award dt. 16/05/2007 passed by the Motor Accident Claims Tribunal (ADJ Fast Track) Behror, District Alwar in Claim Case No.283/2006 (123/2006) whereby claim filed by the claimants-appellants has been dismissed..

(2.) It is claimed that on 29/11/2005, one Mahesh Kumar was going from his sister-in-laws village Gunshi by motorcycle bearing No.HR-35-4542 to his village Kohrana and at about 6.00 AM in the morning, when he reached near Murgi Farm House at Behror Narnaul Road, at that time, a vehicle bearing Truck No.RJG-8408, which was being driven by his driver in high speed, in a rash and negligent manner, hit motorcycle of Mahesh as a result of which he sustained serious injuries and during the course of treatment at SMS Hospital, he expired on 14/12/2005. An FIR to this effect came to be lodged at Police Station, Behror bearing FIR No.13/2006 on 13/01/2006 and thereupon, the police, after investigation, filed charge-sheet against the respondent No.1-driver of the vehicle. The claimants-appellants filed claim petition before the Tribunal on 02/03/2006 claiming compensation to the tune of Rs.24,92,000/- and the Tribunal, vide order impugned, dismissed the claim petition primarily on the basis that FIR for the incident dt.29/11/2005 came to be lodged on 13/01/2006 i.e. after almost one and half months which could not be proved by the claimants-appellants and even Jhabbhu Ram, father of the deceased, who lodged the FIR, did not appear in the witness box. The Tribunal also held that no evidence was placed on record as to when the deceased Mahesh was admitted in the hospital nor any bill or voucher with respect to purchase of medicines was placed. Thus, the Tribunal primarily on this basis came to the conclusion that the claim deserves to be dismissed and accordingly dismissed the claim.

(3.) Counsel for the appellants contended that it is an admitted fact that the accident took place on 29/11/2005 and the basic reason for lodging of FIR late was that after taking to local hospital and the injuries being found grievous he was referred to SMS Hospital, Jaipur on 29/11/2005 on the same day which is apparent on perusal of the postmortem report. He further contended that after remaining in Coma for almost more than 15 to 16 days, the injury proved to be fatal and Mahesh died in the hospital itself on 14/12/2005 and thereafter dead body was carried to village and on account of shock and trauma, the family members and the appellants being less literate people, were not aware of the technicalities of law and after performing last rights and other formalities, immediately lodged FIR on 13/01/2006. He contended that merely because the FIR was lodged late, it does not mean that it is the last word. He further contended that when the postmortem is of a Government Hospital clearly indicating that Mahesh was admitted on 29/11/2005 what more certificate was required to be proved by the claimants-appellants. He further contended that the charge sheet was filed against driver and during the police investigation, it was proved that the accident was on account of negligence of Ranveer (Driver) and he further contended that the issue No.3 has been decided in favour of the claimants-appellants and also the fact that in-fact, it has been found that the driver had valid driving license and accordingly he prayed that the appeal deserves to be allowed and just and proper compensation is required to be allowed.