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2013 Supreme(P&H) 1690

RAJESH BINDAL
PRITAM SINGH – Appellant
Versus
BALJEET – Respondent


JUDGMENT :

RAJESH BINDAL, J.

1. Challenge in the present appeal is to the award of Motor Accident Claims Tribunal, Bhiwani, whereby dismissing the claim petition filed by the appellant as not maintainable. The facts, as are evident from the record, are that Pritam Singh, who was riding motorcycle bearing No. HR-14/7917 for attending to his duty in ITI Meham, met with an accident with vehicle bearing No. HR-66/4996 driven by Baljeet allegedly in a rash and negligent manner. As a result of the accident, Pritam Singh suffered multiple injuries on head and other parts of the body. He became unconscious and was admitted in hospital. The claim petition was filed by his wife on 13.08.2010 specifically pleading therein that Pritam Singh-her husband was still in Coma and under treatment. The same was dismissed by learned Tribunal holding that the authorization from the claimant has not been produced on record.

2. Learned counsel for the appellant submitted that the injured person was none else than the husband of the person, who had filed the claim petition before the Tribunal, as the injured was in Coma. Learned Tribunal should not have dismissed the claim petition on the hypertechnical plea







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