Dismissed

Bainatha S/O Late Chittar v. Nahar Singh Meena S/O Mangilal @ Manjilal Meena

Rajasthan HC5 Apr 2019CMA/1393/2019

Case brief

AI extract

What is this about?

Appellants appealed against the Motor Accident Claims Tribunal's dismissal of their compensation claim petition for a death that occurred due to an accident. The Tribunal dismissed the claim citing inordinate delay in police reporting and absence of post-mortem and medical reports. The High Court found the Tribunal's reasons sound and dismissed the appeal.

What did the court decide?

The appeal was dismissed, upholding the dismissal of the claim petition by the Motor Accident Claims Tribunal.

Bainatha S/O Late Chittar Vs Nahar Singh Meena S/O… — Motor Accident Claims | Rajasthan HC (2019)

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(1 of 2)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 1393/2019

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Bainatha S/o Late Chittar, Aged About 61 Years, B/c Jat, Resident Of Village Kotda, Tehsil Bonli, District Sawai Madhopur. At Present Resident Of Plot No. 10/11, Pratap Nagar, Near Sector-3 Tehsil Sanganer, District Jaipur

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Suresh S/o Bainatha, Aged About 38 Years, B/c Jat, Resident Of Village Kotda, Tehsil Bonli, District Sawai Madhopur. At Present Resident Of Plot No. 10/11, Pratap Nagar, Near Sector-3 Tehsil Sanganer, District Jaipur

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Bajrang Lal S/o Bainatha, Aged About 36 Years, B/c Jat, Resident Of Village Kotda, Tehsil Bonli, District Sawai Madhopur. At Present Resident Of Plot No. 10/11, Pratap Nagar, Near Sector-3 Tehsil Sanganer, District Jaipur

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Prakash S/o Bainatha, Aged About 33 Years, B/c Jat, Resident Of Village Kotda, Tehsil Bonli, District Sawai Madhopur. At Present Resident Of Plot No. 10/11, Pratap Nagar, Near Sector-3 Tehsil Sanganer, District Jaipur

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Ratan Lal S/o Bainatha, Aged About 31 Years, B/c Jat, Resident Of Village Kotda, Tehsil Bonli, District Sawai Madhopur. At Present Resident Of Plot No. 10/11, Pratap Nagar, Near Sector-3 Tehsil Sanganer, District Jaipur.

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----Appellants-Claimants

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Versus

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Nahar Singh Meena S/o Mangilal @ Manjilal Meena, Resident Of Village Kotda, Tehsil Bonli, District Sawai Madhopur, (Registered Owner Motor Cycle No. Rj-25-Sc6197)

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United India Insurance Company Limited, Having Its Regional Office At Sahara Chamber, Tonk Road, Jaipur Through Its Regional Manager (Insurer Of Motor Cycle No. Rj-25-Sc-6197)

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----Respondents-Non-Claimants

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For Appellants : Mr. Vinay Mathur

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HON'BLE MRS. JUSTICE SABINA Judgment

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(2 of 2 )

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05/04/2019

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Appellants have filed this appeal, challenging the award dated 14.03.2018 passed by the Motor Accident Claims Tribunal, whereby, claim petition filed by the appellants was dismissed.

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I have heard learned counsel for the appellants and have gone through the record available on the file carefully.

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Appellants had filed claim petition under Section 163-A of the Motor Vehicles Act, 1988, seeking compensation on account of death of Rasal Devi in an accident which had occurred on 28.08.2009 out of use of the offending motor-cycle.

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Case of the claimants was that the deceased was travelling on the motor-cycle-in-question driven by her son. However, a dog suddenly came on the road and as a result the motor-cycle struck against the same. As a result, the pillion rider suffered injuries and was removed to the hospital for treatment. However, Rasal Devi succumbed to her injuries on 3.9.2009.

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Learned Tribunal while dismissing the claim petition has noticed the fact that there was inordinate delay in reporting the matter to the police. The accident was reported to the police on 25.09.2009. There was no post mortem report of the deceased on record to establish the cause of her death nor any doctor had been examined to establish the nature of injuries suffered by the deceased.

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The reasons given by the Tribunal while dismissing the claim petition are sound reasons and call for no interference.

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Dismissed.

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(SABINA)J.

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Mohita/35

Bainatha S/O Late Chittar v. Nahar Singh Meena S/O Mangilal @ Manjilal Meena

Case brief

What is this about?

What did the court decide?

Bainatha S/O Late Chittar v. Nahar Singh Meena S/O Mangilal @ Manjilal Meena

Case brief

What is this about?

What did the court decide?

What the court decided

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