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2021 Supreme(Raj) 307

VINIT KUMAR MATHUR
Kiran Singh Rajpurohit – Appellant
Versus
Suresh Rajpurohit – Respondent


Advocates appeared:
Mr. Vikram Sharma, for the Appellant; Mr. Anil Kaushik, for the Respondent.

JUDGMENT

1. With consent of learned counsel for the parties, the matter is being heard and disposed of finally.

2. The present appeal has been preferred by the appellants-claimants against the judgment dated 16.08.2016 passed by Learned Motor Accident Claims Tribunal, Bali, District Pali in MAC Case No. 43/2014 whereby, learned Tribunal after framing the issues, evaluating the evidence on record and hearing learned counsel for the parties, rejected the claim petition preferred by the appellants-claimants on the ground of delay in lodging the FIR.

3. Learned counsel for the appellant submits that it is an admitted position that the accident occurred on 23.07.2008 in which Smt. Tulsi Kanwar, while travelling on a motorcycle was seriously injured. She was taken to a private hospital at Falna from where she was referred to L.N. Memorial Hospital, Jodhpur and ultimately on 26.07.2008, she succumbed to the injuries sustained. For this accident, an FIR was registered on 18.08.2008.

4. He further submits that the claim petition of the appellants has been rejected only on the ground of delay in lodging the FIR. He submits that the claimants belong to lowest rung of society and are not aware of

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