Virmati & Ors. vs Baldevi Singh & Anr.
2012 Latest Caselaw 2985 Del

2
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +    MAC.APP.483-87/2005

%                                  Date of decision: 4th May, 2012

      VIRMATI & ORS.                              ..... Appellants
                           Through : Mr. O.P. Mainne, Adv.

                      versus

      BALDEVI SINGH & ANR.                ..... Respondents
                    Through : Mr. Pankaj Seth, Adv.


       CORAM:
       HON'BLE MR. JUSTICE J.R. MIDHA

                          JUDGMENT (ORAL)

1. The appellants have challenged the award of the Claims

Tribunal whereby their claim petition has been dismissed.

2. The accident dated 15th November, 1995 resulted in

injuries to Mool Chand. The legal representatives of Mool

Chand filed the claim petition before the Claims Tribunal

alleging that the left leg of Mool Chand was amputated on 24th

April, 1996 and he died sometime in the year 2000. The

medical record of Central Hospital, Northern Railways reflected

that the Mool Chand remained admitted from 18th January,

1996 to 20th January, 1996 and he suffered paraplegia and his

left leg was amputated on 24th April, 1996. However, there

was no medical evidence to show that amputation and

paraplegia were on account of the injuries suffered by Mool

Chand in the road accident dated 15th November, 1995. No

medical record was filed for the period from 15 th November,

1995 to 18th January, 1996.

3. The findings of the Claims Tribunal that the appellants

have failed to prove that Mool Chand died due to the road

accident dated 15th November, 1995 are correct and in terms

of the evidence before the Claims Tribunal.

4. There is no infirmity in the award of the Claims Tribunal.

The appeal is, therefore, dismissed.

J.R. MIDHA, J MAY 04, 2012 mk