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2012 Supreme(Raj) 51
2012(1) CCR 173 (Raj.)
(Rajasthan High Court)
Jaipur Bench
Ram Sahai Vs. Madan Lal Choudhary & Ors. (Bhagwati, J.)
HON'BLE MAHESH BHAGWATI, J.
Ram Sahai
Versus
Madan Lal Choudhary & Ors.
S.B. Civil Misc. Appeal No.6949 of 2011, decided on 09.01.2012
Ram Singh Rathore, for Appellant
Headnote:Dismissal of claim petition — Delay of 3 months in lodging F.I.R. — Tribunal dismissed the claim petition on the ground that claimant failed to prove the involvement of offending vehicle in the occurrence — Held — After inordinate delay of 3 months, it could not be inferred that the said Tractor was the only vehicle involved in the accident — The tribunal rightly dismissed the claim petition. (Paras 2, 3)
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2. The accident is alleged to have taken place on 8th November, 2005 and the FIR of the occurrence is found to have been lodged after an inordinate delay of 3 months. The learned Tribunal is found to have dismissed the claim petition on the ground that the claimant utterly failed to prove that in the said accident, the Tractor bearing registration no. RJ14-1R 2161 was involved. The learned Tribunal also observed that since the FIR was lodged after an inordinate delay of 3 months of the occurrence, it could not be inferred that the said Tractor was the only vehicle involved in the accident. Learned Tribunal while discussing all the facts and circumstances ad-longum is found to have rightly dismissed the claim petition. The impugned judgment is found to be proper and apt and suffers from no infirmity. I do not find any ground to interfere with the impugned judgment.
3. For the reasons stated above, the appeal fails and the same being bereft of any merit stands dismissed in limine.
