Virmati and Others vs Baldevi Singh and Another

J.R. Midha

The appellants have challenged the award of the Claims Tribunal whereby their claim petition has been dismissed. 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 15th November, 1995 to 18th January, 1996.

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. There is no infirmity in the award of the Claims Tribunal. The appeal is, therefore, dismissed.