Claim in motor vehicle accident case – Cause of death -- Doctor’s evidence -- Accident took place on 21.5.2010 and injured got admitted in hospital on 21.6.2010 – Doctor stated that it was a known case of chronic heart disease and alcoholic liver disease and deceased died a natural death and has no relation with the alleged accidental injuries – Held, courts are no experts for determining cause of death -- If court make inference about the cause of death as due to an accident, it invariably look to the fact of accident and the proximate cause for the death and wherever postmortem is done, the report of the Doctor regarding the cause of death – It will be wholly wrong for a Tribunal to discard Doctor's evidence and enter a pure realm of conjecture to determine cause for death – Award passed in favour of claimant is result of misplaced sympathy – Award is set aside.

(P&H HC) Decided on: 15.03.2016

Motor vehicle accident – Proof of -- Driver and owner of the offending tractor completely denied the factum of accident -- Contrary to their stand taken in the written reply, when driver of the offending vehicle stepped into the witness box, on being cross-examined by the claimant, he outrightly admitted that the motorcycle of the claimant had struck into his tractor -- It was crystal clear from the account of accident given by him that he had changed his version only with an intention to favour the claimant -- Medical document also do not indicate that the claimant had suffered injuries during a motor accident -- Claimant explained no reason for not lodging a report with any authority with regard to the accident -- Claimant utterly failed to prove the occurrence of accident and also that he suffered the injuries during a motor accident – Claim rightly dismissed.

(P&H HC) Decided on: 15.03.2016