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2017 Supreme(P&H) 519

ANITA CHAUDHRY
Harjinder Singh – Appellant
Versus
Jagtaran Singh – Respondent


Advocates Appeared:
For the Appellant : Mr. S.S. Rathore.
For the Respondent: Mr. Paul S. Saini.

JUDGMENT :

ANITA CHAUDHRY, J.

1. This appeal is by the claimant whose claim petition was dismissed by the Tribunal.

2. The appellant met with an accident on 5.9.1997 at 5.00 P.M. A truck driven by respondent No. 1 is stated to have struck his cycle from behind. The claimant suffered injuries which led to amputation of his right leg and finger of the right hand. It was claimed that the matter was reported to the police but they did not register the FIR.

3. Respondent No. 1 and appeared and admitted the accident but pleaded that the accident occurred on account of the negligence of the claimant.

4. The claimant alone stepped into the witness box and described the manner of the accident and stated that he had suffered disability to the tune of 85%. In the cross-examination he stated that he had fallen unconscious after the accident. The Tribunal noted that no DDR or FIR had been lodged and no record from the hospital where he was first taken or to the hospital where he was subsequently shifted was produced. It was noted that the claimant had not disclosed as to who had taken him to the hospital. It was held that the claimant had failed to prove the involvement of the vehicle and the driver






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