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Kudheri Ram @ Kudheri vs Kamal Kishore and Others

Madhya Pradesh High Court · Decided on 15 October 2003 · Citation: (2004) 2 ACC 175

HON’BLE JUDGES
Shravan Shanker Jha, J · S.M. Samvatsar, J
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Judgment

6 paragraphs · 413 words

S.S. Jha, J.—This appeal is filed by the claimant against dismissal of his claim petition.

2.

Appellant''s son Bhavutiram met with an accident on 10th April, 1989 and died after the accident. Claim petition was filed by the father of the deceased. Claim was denied and the driver of the vehicle denied that he was driving the vehicle Matador MKH 7877 and after amendment vehicle number 7879 was denied.

3.

Claimant entered the witness box, AW-1 Kudheri has simply stated that the Matador had caused the accident. No number of the vehicle was mentioned by him. A.W. 2 Kedarnath Sharma has deposed that Matador coming from the side of Jora dashed against the deceased which resulted into fall of the deceased. Driver of the said vehicle fled away by speeding the vehicle. He further stated that colour of the vehicle was blue but he could not see the number of the vehicle. Later on tempo driver told him that number of the vehicle was 7879. He admitted in the cross-examination that he has not seen the accident. A.W. 3 Banwarilal admitted that he has lodged the complaint and he admitted that in the FIR if number of the vehicle is written as 7877 then it is incorrect and the number of the vehicle is 7879.

4.

In the FIR number of the vehicle which caused the accident is meintioned as MKH 7877. Written complaint was filed by AW-3 Banwarilal wherein he has mentioned that number of the vehicle is 7877 and colour of the vehicle is blue. A.W. 2 Kedar Nath Sharma has also deposed that colour of the vehicle is blue. However, seizure memo Ex. P/2 is of Matador MKH 7879 gray colour. Even in the claim petition, number of the vehicle was mentioned as 7877 which was later amended to 7879.

5.

Thus, in view of clear admission of A.W. 2 Banwarilal that colour of the vehicle was blue and in the FIR number of vehicle is mentioned 7877. Claims Tribunal has not committed any error in holding that the accident was not caused by vehicle bearing number MKH 7879. There is no infirmity in the judgment delivered by the Claims Tribunal. Since identity of the vehicle is not proved, Claims Tribunal has rightly dismissed the claim petition as driver of the vehicle which was not involved in the accident cannot be compelled to pay the compensation.

6.

Appeal has no merit and is dismissed without any order as to costs.