The High Court dismissed the first appeal in a motor accident death claim. The court affirmed the lower tribunal's finding that the appellant's driver was rash and negligent. The challenge regarding the delay in lodging the F.I.R. was rejected. The appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 7
Case :- FIRST APPEAL FROM ORDER No. - 1392 of 2019
Appellant :- Dinesh Respondent :- Lakshmi Devi Bhalla And 5 Others Counsel for Appellant :- Sheetla Sahai Srivastava, ,Ram Murat Counsel for Respondent :- P.H. Vashishtha,Kamendra Kumar Rajput
Hon'ble Ajay Bhanot,J.
Heard Shri Ram Murat, learned counsel for the appellant and Shri Priyadarshi Himanshu Vashishtha, learned counsel for the respondents.
The appellant did not appear before the learned tribunal to contest the claim petition despite service of notice. Consequently, the learned tribunal proceeded ex-parte. Following facts are established the evidences in the record.
The offending vehicle was registered in the name of the appellant. On the fateful day of 11.10.2010, a Maruti Car bearing Registration No. UP 85-Q-4131, was being driven rashly and negligently which caused an accident resulting in the death of the Ram Prakash Bhalla. The claimants are the dependants of the deceased.
The vehicle was registered in the name of the appellant. The claimants produced two eye witnesses to establish the factum of the accident and negligence of the driver of the offending vehicle. P.W. 1 Monika Bhalla was an eye witness who was traveling with her father and mother when the accident occurred. P.W. 1
and her mother suffered serious injuries in the accident while her father Ram Prakash Bhalla died as a result of the injuries sustained in the same accident. The credit of the witness was not shaken under cross examination. The learned tribunal which had the advantage of observing the demeanour of the witness found her to be creditworthy and believed her testimony.
Shri Ram Murat, learned counsel for the appellant could not point out any infirmity from the evidence in the record for this Court to take any other view in the matter.
This Court finds that the driver of the offending vehicle was driving rashly and negligently and solely responsible for the accident which resulted in the death of the deceased and severe injuries caused to his daughter and wife. The medical bills had been duly proved before the learned tribunal.
The only contention raised by Shri Ram Murat, learned counsel for the appellant regarding the F.I.R. which was lodged belatedly.
I see merit in the submission of Shri Priyadarshi Himanshu Vashishtha, learned counsel for the respondents that the criminal proceedings are taken from a separate purpose and different standards of evidence which are applicable in criminal proceedings and the instant claim proceeding. Moreover, the cause of delay in lodging the F.I.R. has been explained by the
informant in her statement before the learned tribunal. Fate of the claim petition in the facts and circumstances of the case will not depend on the delay in the F.I.R. Though it is noteworthy that the pursuant to the F.I.R. independent investigations ensued which resulted in the driver of the offending vehicle being chargesheeted.
No error in the computation of the compensation was pointed out by the learned counsel for the appellant.
In this wake, the appeal fails and is dismissed. The statutory benefits shall be remitted to the learned tribunal which shall be adjusted as part of the compensation.
Order Date :- 12.12.2022 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the appeal against the claim petition should be allowed.
Whether the belated lodging of the F.I.R. affects the decision on the compensation claim.
Dinesh
Lakshmi Devi Bhalla And 5 Others
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
