Km.Lalita vs Jitendra Kumar Yadav
2012 Latest Caselaw 690 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

? AFR
 
Court No. - 30
 

 
Case :- FIRST APPEAL FROM ORDER No. - 89 of 2011
 

 
Petitioner :- Km.Lalita
 
Respondent :- Jitendra Kumar Yadav
 
Petitioner Counsel :- Anil Kumar Shukla,Satish Mishra
 

 
Hon'ble Rajes Kumar,J.

Hon'ble B. Amit Sthalekar,J.

(Delivered by Hon'ble B.Amit Sthalekar,J.)

This appeal arises out of the order dated 3.11.2010 rejecting the claim petition of the applicant for compensation for injuries received on account of alleged accident.

Heard learned counsel for the appellant.

The case of the appellant is that on 19.9.2007 at about 6.30 p.m. when she was going on a cycle with her cousin sister the Eicher Canter No.U.P.83 H/9590 hit her  from behind and her foot was badly crushed.The claim petition seeking compensation was filed by  the injured girl. In the evidence recorded by the Tribunal it has come on record that the accident occurred on 19.9.2007. The first medical report regarding treatment  is dated 26.9.2007 and another medical report is dated 16.10.2007. There is no medical report or treatment report of the date of the accident or any date near the date of the accident. It has also been noticed by the Tribunal that at the place where the accident took place there was a police station and also a Government Hospital but the F.I.R was lodged after 12 days and it is surprising that the claimant did not go to the Government Hospital for treatment and first treatment report was only of 26.9.2007. The Tribunal has also noticed that in her claim petition the injured girl has stated that she  was going on cycle along with her cousin sister but the  said cousin sister did not come before the Court to  record  her statement. It has also been noticed by the Tribunal that when the F.I.R. was lodged the Vehicle no. U.P. 83 E/9590 Eicher Canter was mentioned and later on an application was filed for seeking correction as Eicher Canter no.U.P.83 H/9590. On the basis of these findings the Tribunal has disbelieved the statement of the claimant and dismissed the claim petition.

In view of the findings recorded by the Tribunal, we do not find any error in the impugned order dated 3.11.2010.

This appeal is devoid of merits and is  accordingly dismissed.

Order Date :- 23.4.2012

Asha