JYOTI DEVI AND ORS Vs. AMAR DEEP AND ORS
LAWS(RAJ)-2014-1-293
HIGH COURT OF RAJASTHAN
Decided on January 28,2014

Jyoti Devi And Ors Appellant
VERSUS
Amar Deep And Ors Respondents

JUDGEMENT

- (1.) THE appellants -claimants are aggrieved by the award dated 13.11.2013 passed by Motor Accident Claims Tribunal, Rajgarh, whereby the learned Tribunal has dismissed the appellants' claim petition.
(2.) BRIEFLY , the facts of the case are that on 15.11.2011, around 4 -5 PM, Deepak Singh was walking from his village Bahari, to Hodayari. When he reached near Bhomiya Baba Tan Bahali, one motorcycle, bearing Registration No. MP -07 -ME -6843, being driven rashly and negligently by Amar Deep, hit Deepak Singh. Consequently, Deepak Singh sustained grievous injuries. During his treatment at the Government Hospital, Malakhera, on 20.11.2013, he succumbed to his injuries.
(3.) THE learned counsel for the appellants has raised the following contentions before this Court: - Firstly, the learned Tribunal is not justified in dismissing the claim petition on the ground of delay in lodging of the FIR. Since, the claimants were busy with Deepak Singh's medical treatment, they could not be expected to lodge the FIR immediately. After all, the first concern of the family members of an injured person is to save his/her life and to get proper treatment for him/her. Secondly, that the owner of the offending vehicle has admitted the fact that his vehicle was involved in the accident. Therefore, the impugned award deserves to be interfered with. Heard the learned counsel for the appellants and perused the impugned award.;


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