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Judgment
K.S. Jhaveri, J.—This appeal has been filed against the judgment and award passed by the Motor Accident Claims Tribunal (Aux.III), Kheda at Nadiad (for short, "the Tribunal") in M.A.C.P. No. 1024/1988 dated 30.07.1998, whereby, the said claim petition came to be rejected.
The facts in brief are that on 20.10.1987 while Budhiben, D/o. Bhulabhai Chaturbhai, was proceeding towards the field, a Tractor bearing registration No. GUH-7835, driven by Respondent No. 1 herein, dashed her from the behind. She was taken to the Hospital. However, during the course of treatment, she succumbed to the injuries. Therefore, a claim petition came to be filed before the Tribunal claiming compensation of Rs. 2,00,000/-. However, it came to be rejected by way of the impugned award. Hence, this appeal.
Heard learned Counsel for the respective parties. From the records of the case, it transpires that no F.I.R. in connection with the incident in question was filed nor post-mortem of the dead body of the deceased had been done. The documents which were produced on record vide Exhibits - 23 & 24 pertained to some accident which took place on 22.10.1987, whereas, the present claim petition was filed for the accident which took place on 20.10.1987. Apart from this no evidence with respect to the age of the deceased had been produced on record. The death certificate of the deceased was also not produced. In other words, there is nothing on record to show that the accident in question took place on 20.10.1987.
In view of the above factual scenario, the Tribunal was completely justified in rejecting the claim petition. I am in complete agreement with the reasonings given by the Tribunal in its award and hence, find no reasons to interfere in this appeal.
For the foregoing reasons, the appeal is dismissed. No costs.
After the judgment was pronounced, learned Counsel Mr. Dave requests for time to verify certain documents on record. Ordinarily, the Court would have rejected such request but, looking to the interest of the original claimants, the matter is adjourned to 21.12.2010.