Shiv Shanker Mishra vs Ramji and Others

N.K. Mody, J.—Being aggrieved by the award dated 24th November, 2003 passed by M.A.C.T., Katni in Claim Case No. 19/2003 whereby claim petition filed by the appellant for compensation on account of injuries sustained in a motor accident which took place on 15th October, 2001 was dismissed, present appeal has been filed. After hearing Counsel for both the parties at length and keeping in view the fact that accident took place on 15th October, 2001 while F.I.R. was lodged on 27th October, 2001 with a delay of 12 days and appellant was examined at Government Hospital, Vijayraghavgarh and thereafter at Triveni Hospital, Jabalpur and the fact that there is no observation to the effect that the appellant sustained injuries in a road traffic accident and the fact that AW/3 R.N. Tiwari who is alleged eye-witness is not the listed witness in criminal case and also the fact that R.N. Tiwari has stated that he has given the statement to the Police and he has also lodged the complaint, this Court finds that learned Tribunal committed no error in dismissing the claim petition filed by the appellant. In view of this, the appeal filed by the appellant has no merits and the same stands dismissed.