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MEERA DEVI @ BEERA DEVI versus SMT.SUJJANI DEVI & ORS

High Court of Punjab and Haryana, Chandigarh

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Meera Devi @ Beera Devi v. Smt.Sujjani Devi & Ors - FAO-1678-2006 [2006] RD-P&H 12933 (19 December 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO No.1678 of 2006

Date of Decision: 9.1.2007

Meera Devi @ Beera Devi

Appellant

versus

Smt.Sujjani Devi and others

Respondents

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE BALDEV SINGH

Present: Shri Tara Chand Dhanwal, Advocate for the appellant Jasbir Singh, J. (Oral)

This appeal has been filed against award passed by the Motor Accident Claims Tribunal, Bhiwani (in short, the Tribunal) on 8.12.2005.

Application, to claim compensation, was filed by the appellant on the ground that she had received injuries in a motor accident on 11.3.2002. The Tribunal, on appreciation of evidence, came to a conclusion that no such accident had occurred and the application has been filed only with a view to get compensation. After analyzing evidence on record, the Tribunal has observed thus:-

"Admittedly, there is no FIR or DDR against this accident. The claimant has also not produced any MLR. The statement of the husband of the claimant at the back of bed head ticket Ex.P5/R2 duly thumb marked by him shows that there was no fault of anyone in sufferance of injuries by his wife and he did not want to take any action against any one.

The above statement of Lok Ram PW2 has clinches the whole issue because a husband has always no adverse interest FAO No.1678 of 2006

against his wife. Hence, the husband of the claimant must have given the aforesaid statement with her consent. There is no independent corroboration to the statement of the claimant except her husband. Jaibir-respondent No.2 has flatly denied the accident in question by deposing that the car never met with any accident at the alleged time and place given in the petition. He has further deposed that the present claim petition has been filed with some malafide intention just to extort money."

We feel that the finding given is perfectly justified. It is very strange that despite injuries received in a motor accident, no attempt was made to inform the police. Even after discharge from the hospital, no application was moved to any officer or the concerned authorities, to register a case against the driver of the offending vehicle. Even medico legal report has not been brought on record. No case is made out for interference.

Dismissed.

( Jasbir Singh )

Judge

January 09, 2007 ( Baldev Singh )

gk Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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