The High Court dismissed the civil appeal challenging the award of the Motor Accident Claims Tribunal which dismissed the appellant's claim petition seeking compensation for injuries sustained in a motor accident, noting sound reasons by the Tribunal.
The civil miscellaneous appeal filed by the appellant 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.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 5665/2017
Shitiz Vaishnav Son Shri Manoj Kumar Vaishnav B/c Vaishnav, Aged About 20 Years, R/o Krishan Vihar Mhaveer Colony Sanvasar Madanganj Kishangarh Police Station Mandanganj Tehsil Kishangarh Distt. Ajmer Rajasthan.
----Appellant-Claimant
Versus
----Respondents/Non-Claimants
For Appellant : Mr. Bhanu Prakash Verma
HON'BLE MRS. JUSTICE SABINA
Order
11/04/2018
Appellant has filed this appeal, challenging the award dated 19.7.2017 passed by the Motor Accident Claims Tribunal, seeking enhancement of compensation, whereby, claim petition filed by the appellant was dismissed.
Learned counsel for the appellant has submitted that the appellant had been successful in establishing his case. However, Tribunal has erred in dismissing the claim petition filed by the petitioner.
Appellant had filed the claim petition seeking
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compensation on account of injuries suffered by him in the motor-vehicle accident which had occurred on 30.1.2012. Tribunal had framed issue no.1 to the effect as to whether the accident had occurred on 30.1.2012 due to rash and negligent driving of respondent no.1 while driving the offending motor-cycle resulting in injuries to the appellant. While deciding the said issue against the appellant, it has been noticed by the Tribunal that FIR in the present case was registered after a delay on 21.02.2012. Appellant was got medically examined on 24.02.2012. In the said document Exhibit-9 there was no mention that the appellant has suffered injuries on account of a roadside accident. Moreover, there were some cuttings in Exhibit-9 which render the document doubtful.
The reasons given by the Tribunal while deciding the issue no.1 against the appellant are sound reasons.
Accordingly, this appeal is dismissed.
Mohita/53
3 issues framed by the court
Whether the Motor Accident Claims Tribunal committed any error in dismissing the appellant's claim petition for compensation due to delay in registering the FIR and doubtful medical records.
Whether enhancement of compensation is warranted when the claim petition is dismissed.
Whether the Tribunal's reasons for rejecting the claim on account of procedural irregularities are sound.
Shitiz Vaishnav
Ramavtar Mali
Smt. Indradevi
National Insurance Company Limited
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
