BAJAJ ALLIANZ GENERAL INS. Vs. SUNITA DEVI

JUDGEMENT

(1.) Heard Mr. Alok Lal, learned counsel appearing for the appellant, Mr. Ajay Kr. Pathak, learned counsel appearing for the claimants, who are respondent Nos.1 and 2 and Mr. Shekhar Siddharth, learned counsel appearing for the respondent Nos.3 and 4.

(2.) This appeal has been preferred against the judgment dtd. 13/7/2023 passed by learned Motor Accident Claims Tribunal-cum- District Judge-I, Chatra in Motor Accident Claim Case No.28 of 2021.

(3.) Mr. Alok Lal, learned counsel appearing for the appellant submits that the claim case was instituted by the claimants alleging therein that on 17/4/2021 at about 1:00 PM after purchasing medicine, Prince Kumar Singh was coming from Simariya market to his home and in the meantime at the place of occurrence a Hywa Truck bearing No. JH-13G- 4073 which was coming from opposite side in a very rash and negligent manner dashed Prince Kumar Singh as a result Prince Kumar Singh was grievously injured. It was further asserted that he was admitted in Referral Hospital, Simariya but due to seriousness, he was referred to specialized hospital. Again, he was admitted in Samford Super Specialty Hospital, Ranchi where he was admitted on 17/4/2021 by the doctor of Samford Super Specialty Hospital but Prince Kumar Singh did not regain his consciousness in spite of spending huge amount for treatment and ultimately on 25/4/2021, Prince Kumar Singh died. It was further alleged that the said deceased during treatment had been infected with corona and as such his postmortem was also not performed. On the basis of written report of informant i.e. Santosh Singh, father of deceased, Simariya P.S. Case No.56 of 2021 under Ss. 279, 337, 338, 304(A) of Indian Penal Code was registered against the driver of the offending vehicle i.e. Hywa Truck bearing registration No. JH 13G 4073.