The Tribunal rightly dismissed the claim petition filed by the claimants due to lack of evidence: Rajasthan High Court
Case Title: Ramprasad Sharma versus Ghamandi Lal & ors.
Case No.: S.B. Civil Miscellaneous Appeal No. 2715/2009
Decided on: 11/07/2023
Coram: HON’BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Facts of the case:
The appellant-claimant Ramprasad Sharma (for short ‘the claimant’) against the judgment dated 04.03.2009 passed by Motor Accident Claims Tribunal, Dholpur (hereinafter referred to as ‘the Tribunal’) in Claim Case No.182/2007.
The claimant submits that the Tribunal wrongly dismissed the claim petition filed by the claimants. Learned counsel for the claimant also submits that the Tribunal had not assessed the evidence adduced by the claimants in right perspective.
The claimant also submits that after investigation, charge-sheet was filed against the respondent No.1. Learned counsel for the claimant also submits that claimant remained hospitalized in Rakesh Moniya Hospital and treating doctor was Rakesh Moniya, who was running hospital in the name of Ishwari Devi Memorial Hospital but the Tribunal wrongly dismissed the claim petition on wrong premise.
Tribunal rightly dismissed the claim petition filed by the claimants because as per the contention of the claimant, accident was occurred on 29.09.2006 and report was lodged on 17.10.2006 after a delay of 18-19 days.
As per the FIR, claimant-Ramprasad Sharma and his Son-in-law’s elder brother Banwari Lal were going on motorcycle but there is no evidence that Banwari Lal had received any injury due to accident. Address of Jeep owner is address of Banwari Lal’s real father-in-law Kailash Chand Sharma.
Judgement:
The Tribunal rightly dismissed the claim petition filed by the claimants because as per the contention of the claimant, accident was occurred on 29.09.2006 and report was lodged on 17.10.2006 after a delay of 18-19 days. As per the FIR, claimant-Ramprasad Sharma and his Son-in-law’s elder brother Banwari Lal were going on motorcycle but there is no evidence that Banwari Lal had received any injury due to accident.
The claimant, accident was occurred on 29.09.2006 but report was lodged on 17.10.2006 after inordinate delay of 18-19 days. As per the statement of the claimant, he was treated by Rakesh Moniya but he had filed the Medical related papers of Ishwari Devi Memorial Hospital. The address of Jeep owner Amar Singh is the address of Kailash Chand Sharma S/o Shri Shivcharan Sharma. Kailash Chand Sharma is the father-in-law of Banwari Lal. So, as per the evidence, the claimant had manipulated the evidence and implicated the jeep in the accident. So, the present appeal being devoid of merit, is liable to be dismissed, which stands dismissed accordingly.
Analysis:
As per the FIR, claimant-Ramprasad Sharma and his Son-in-law’s elder brother Banwari Lal were going on motorcycle but there is no evidence that Banwari Lal had received any injury due to accident.
The evidence of AW2-Banwari Lal is not trustworthy. So, the Tribunal rightly dismissed the claim petition filed by the claimants. So, the appeal is dismissed.
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Written by: Mahima Saini
Case Title: Ramprasad Sharma versus Ghamandi Lal & ors.
Case No.: S.B. Civil Miscellaneous Appeal No. 2715/2009
Decided on: 11/07/2023
Coram: HON’BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Facts of the case:
The appellant-claimant Ramprasad Sharma (for short ‘the claimant’) against the judgment dated 04.03.2009 passed by Motor Accident Claims Tribunal, Dholpur (hereinafter referred to as ‘the Tribunal’) in Claim Case No.182/2007.
The claimant submits that the Tribunal wrongly dismissed the claim petition filed by the claimants. Learned counsel for the claimant also submits that the Tribunal had not assessed the evidence adduced by the claimants in right perspective.
The claimant also submits that after investigation, charge-sheet was filed against the respondent No.1. Learned counsel for the claimant also submits that claimant remained hospitalized in Rakesh Moniya Hospital and treating doctor was Rakesh Moniya, who was running hospital in the name of Ishwari Devi Memorial Hospital but the Tribunal wrongly dismissed the claim petition on wrong premise.
Tribunal rightly dismissed the claim petition filed by the claimants because as per the contention of the claimant, accident was occurred on 29.09.2006 and report was lodged on 17.10.2006 after a delay of 18-19 days.
As per the FIR, claimant-Ramprasad Sharma and his Son-in-law’s elder brother Banwari Lal were going on motorcycle but there is no evidence that Banwari Lal had received any injury due to accident. Address of Jeep owner is address of Banwari Lal’s real father-in-law Kailash Chand Sharma.
Judgement:
The Tribunal rightly dismissed the claim petition filed by the claimants because as per the contention of the claimant, accident was occurred on 29.09.2006 and report was lodged on 17.10.2006 after a delay of 18-19 days. As per the FIR, claimant-Ramprasad Sharma and his Son-in-law’s elder brother Banwari Lal were going on motorcycle but there is no evidence that Banwari Lal had received any injury due to accident.
The claimant, accident was occurred on 29.09.2006 but report was lodged on 17.10.2006 after inordinate delay of 18-19 days. As per the statement of the claimant, he was treated by Rakesh Moniya but he had filed the Medical related papers of Ishwari Devi Memorial Hospital. The address of Jeep owner Amar Singh is the address of Kailash Chand Sharma S/o Shri Shivcharan Sharma. Kailash Chand Sharma is the father-in-law of Banwari Lal. So, as per the evidence, the claimant had manipulated the evidence and implicated the jeep in the accident. So, the present appeal being devoid of merit, is liable to be dismissed, which stands dismissed accordingly.
Analysis:
As per the FIR, claimant-Ramprasad Sharma and his Son-in-law’s elder brother Banwari Lal were going on motorcycle but there is no evidence that Banwari Lal had received any injury due to accident.
The evidence of AW2-Banwari Lal is not trustworthy. So, the Tribunal rightly dismissed the claim petition filed by the claimants. So, the appeal is dismissed.
“PRIME LEGAL is a full-service law firm that has won a National Award and has mre than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by: Mahima Saini