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ibrahim Ji Vs. Narendra Bhargava and ors. - Court Judgment

SooperKanoon Citation
SubjectInsurance;Motor Vehicles
CourtMadhya Pradesh High Court
Decided On
Judge
Reported in1(2001)ACC51
Appellantibrahim Ji
RespondentNarendra Bhargava and ors.
Excerpt:
.....the exclusionary facet and further regard being had to the circular issued by central board of excise and customs. - while dismissing the claim petition, the tribunal was of the view that claimant has failed to prove the injuries and its nature that resulted due to accident......injuries were in his both hands in the nature of fracture of bone.3. though the claim petition was filed claiming compensation for the injuries in 1988, the claimant did not file any medical evidence. what he filed was some x-ray films and medical certificate dated 3.4.1995 issued by a doctor. while dismissing the claim petition, the tribunal was of the view that claimant has failed to prove the injuries and its nature that resulted due to accident.4. having heard the parties and perused the record, i do not find any illegality in the impugned award rejecting claim petition. admittedly, the claimant did not file any medical evidence that he received immediately after the date of accident or of a period relating to its near proximity. what he filed was of the year, 1995, i.e.,after eight.....
Judgment:
ORDER

A.M. Sapre, J.

1. Claimant has felt aggrieved of an award, dated 24.12.1996, passed by Additional M.A.C.T., Mandsour, in Claim Case No. 13/90. By impugned award, the claimant's application claiming compensation has been dismissed in toto and hence he is in appeal.

2. In an accident that occurred on 7.9.1987, the claimant (appellant herein), while travelling in matador, received injuries due to rash and negligent driving of matador driver. The injuries were in his both hands in the nature of fracture of bone.

3. Though the claim petition was filed claiming compensation for the injuries in 1988, the claimant did not file any medical evidence. What he filed was some X-ray films and medical certificate dated 3.4.1995 issued by a doctor. While dismissing the claim petition, the Tribunal was of the view that claimant has failed to prove the injuries and its nature that resulted due to accident.

4. Having heard the parties and perused the record, I do not find any illegality in the impugned award rejecting claim petition. Admittedly, the claimant did not file any medical evidence that he received immediately after the date of accident or of a period relating to its near proximity. What he filed was of the year, 1995, i.e.,after eight years of the incident. Such medical document is of no consequence as they do not relate to the cause of accident. In order to enable the claimant to claim the compensation for the injuries suffered, it is necessary for him to have pleaded and proved by filing medical evidence showing receiving of medical treatment just immediately after the date of accident. That would have justified that the claimant has received the injuries as a result of accident.

5. In the absence of any document filed indicating the aforesaid fact to be made out the Tribunal was perfectly justified in dismissing the claim petition. I concur with the said finding. Appeal is accordingly found to be devoid of substance, it is dismissed.

6. No cost.


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