Rajasthan High Court
Girivar Singh vs Sunder Das And Others on 26 April, 2022
Bench: Prakash Gupta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Misc. (M.A.C.) Appeal No. 3207/2016
Girivar Singh S/o Shree Krishan Singh, Aged about 40 years, R/o
Chambra, P.S. Gudhar, District Jhunjhunu, Rajasthan
At present Kotputli, District Jaipur (Raj.)
----Claimant/Appellant
Versus
1. Sunder Das S/o Shri Jagram Das, R/o Near High School, Naga
Ki Chawni, Toda Bheem, P.S. Toda Bheem, District Karauli.
(Driver Vehicle No.RJ-23-UA-3409)
2. Kshitij Kumar S/o Shri Surya Pal Chaudhary, aged about 30
years, R/o Vijay Bhawan, Station Road, Sikar, Rajasthan.
(Owner Vehicle No.RJ-23-UA-3409)
3. The New India Insurance Company Limited through Regional
Manager, Regional Office, Nehru Palace, Tonk Road, Jaipur,
Insurer Vehicle No.RJ-23-UA-3409, Effective Date 03.04.2010 to
02.04.2011.
----Non-Claimants/Respondents
For Appellant(s) : Mr. Tarun Mishra, Advocate
For Respondent(s) : Mr. Gaurav Jain, Advocate
HON'BLE MR. JUSTICE PRAKASH GUPTA
Judgment
26/04/2022
This appeal has been filed by the claimant-appellant (for
short "the claimant") against the judgment dated 25.03.2016
passed by the Motor Accident Claims Tribunal, Kotputali, District
Jaipur (for short "the Tribunal") in Claim Case No.203/2011,
whereby the claim petition filed by the claimant has been
dismissed.
Facts of the case as per the claimant are that on 14.11.2010
at about 04:30 p.m., the claimant was going on Bicycle to
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chauraha and when he was moving ahead from Krishana Talkies to
Highway Link Road, suddenly a Jeep bearing Registration No.RJ-
23-UA-3409 came from Delhi side, being driven by its driver
rashly, negligently and in a zig-zag manner and hit the claimant's
bicycle at its back side, due to which the claimant sustained
injuries. Thereafter, he was admitted in BDM Hospital and from
where, he was referred to SMS Hospital, Jaipur.
A claim petition was filed by the claimant. Written statement
was filed by the Insurance Company. Necessary issues were
framed and after hearing both the parties, the Tribunal dismissed
the claim petition vide its judgment dated 25.03.2016. Being
aggrieved by the impugned judgment dated 25.03.2016 passed by
the Tribunal, the present appeal has been filed by the claimant.
Learned counsel for the claimant submits that the report of
accident was immediately registered by the concerned police
station in their rojnaamcha, wherein vehicle number and type of
vehicle involved in the accident were also mentioned. Learned
counsel further submits that registration of the FIR was in the
hands of police and delay in registration of FIR does not disentitle
the claimant from getting the amount of compensation.
On the other hand, learned counsel for Insurance Company
has defended the impugned award and submits the same to be
just and proper.
Heard. Considered.
Indisputably, the alleged accident took place on 14.11.2010,
whereas the FIR was lodged on 12.12.2010 i.e. with a delay of
about 28 days. In this regard, it was explained by the claimant
that after the accident, he was hospitalized, therefore, he could
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not lodge the FIR but from the material available on record, it
transpires that the claimant was admitted in SMS Hospital, Jaipur
on 14.11.2010, wherefrom he was discharged on 23.11.2010.
Even after his discharge from the hospital on 23.11.2010, he
lodged the FIR after 19 days and the claimant did not produce any
document with regard to his admission in the hospital and getting
treatment from 23.11.2010 to 12.12.2010. The Tribunal also
noticed that the claimant did not produce copy of the rojnaamcha
report from which it could be evinced that the accident took place
on 14.11.2010 by the offending vehicle. No explanation was given
by the claimant for lodging the FIR with a delay of 28 days.
In this view of the matter, the Tribunal rightly observed that
the claimant utterly failed to establish that the accident took place
due to rash and negligent driving of the offending vehicle and
dismissed the claim petition. Findings arrived at by the Tribunal
are just and proper.
For the aforesaid reasons, I find no force in this appeal and
the same being bereft of any merit is liable to dismissed, which
stands dismissed accordingly.
(PRAKASH GUPTA),J
Hemant/20
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