Darshan Kaur And ANR v. Sajju And ORS
F.A.O No. 2582 of 2013 -1In the High Court of Punjab and Haryana at Chandigarh F.A.O No. 2582 of 2013 Date of Decision: 13.7.2017 Darshan Kaur and another ......Appellants
Versus
Sajju and others .......Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present:
Mr. Amit Gupta, Advocate for the appellants.
Mr. Vinod Chaudhry, Advocate for Mr. Rajesh Verma, Advocate for respondent No. 3-Insurance Company.
**** ANITA CHAUDHRY, J This is the claimants' appeal aggrieved by the dismissal of their claim petition.
Bhagwant Singh met with an accident on 28.4.2009 at about 12.30 at night. As per the pleadings he was taken to the Civil Hospital, Pathankot and subsequently died. The FIR was registered 17 days later on 15.5.2009. The post-mortem of the deceased was not got conducted. At the trial, the claimants examined themselves and tendered report under Section 173 Cr.P.C., photocopy of the FIR and copy of one statement recorded by the police.
The Tribunal noted that the claimants had failed to examine any eye witness and had only tendered the report under Section 173 Cr.P.C. The claim petition was dismissed.
I have heard both the sides and have perused the record. The Gurpreet Singh Bhatia 2017.07.18 16:00 I attest to the accuracy and authenticity of this document Chandigarh claimants have specifically pleaded that their son was admitted in Civil
F.A.O No. 2582 of 2013 -2Hospital, Pathankot and was treated there. The record of the civil hospital was not summoned. No post-mortem examination was carried out. The cause of death was not known. There is no eye witness who could disclose the manner of the accident or the involvement of the vehicle or the driver. It is a case of no evidence. There is no infirmity in the order. There is no merit in the appeal and is dismissed. (ANITA CHAUDHRY) JUDGE July 13, 2017 Gurpreet Whether speaking/reasoned :
Yes Whether reportable :
No Gurpreet Singh Bhatia 2017.07.18 16:00 I attest to the accuracy and authenticity of this document Chandigarh