Rajasthan High Court
Hariom Son Of Shri Chandan Singh vs United India Insurance Company ... on 25 August, 2022
Bench: Prakash Gupta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1345/2022
Hariom Son Of Shri Chandan Singh, Aged About 26 Years,
Resident Of Village Rawatpura, Virondha, Police Station, Maniya,
District Dholpur (Rajasthan).
----Appellant
Versus
1. United India Insurance Company Limited, Through Branch
Manager, Branch Office, Dhoolkot Road, Dholpur
(Rajasthan) (Insurance Company Of Vehicle).
2. Biharilal Son Of Shri Prem Singh, Ghadi Dubati Police
Station, Dholpur, District Dholpur (Rajasthan) (Owner Of
Vehicle).
----Respondents
For Appellant(s) : Mr. Dinesh Kumar Garg, Advocate
HON'BLE MR. JUSTICE PRAKASH GUPTA
Judgment
25/08/2022
This Civil Misc. Appeal has been filed by the appellant-
claimant (for short, 'the claimant') against the judgment dated
29.4.2022 passed by the Motor Accident Claims Tribunal, Dholpur
(for short, 'the Tribunal') in claim petition no. 19/2021, whereby
the claim petition filed by the claimant has been dismissed.
Facts of the case are that on 11.4.2019 at about 5.00
PM, claimant Hari Om was coming to his village from Dholpur on
Motor Cycle. When he reached near village Bakayda school, a
motor cycle no. RJ 11 / SE 4369 being driven by its driver rashly
and negligently, hit Hari Om's motor cycle, due to which the
claimant sustained injuries, due to which the claimant sustained
grievous injuries.
(2 of 3) [CMA-1345/2022]
The claimant filed a claim petition before the Tribunal
seeking compensation due to the injuries sustained by him.
The non claimants flied their written submissions. It
was averred that on the alleged date of accident, neither accident
took place nor offending Motor Cycle No. RJ 11 / SE 4369 was
insured by the Insurance Co. It was also averred that at the time
of accident, the driver of the offending vehicle was not a valid and
effective driving license.
On the basis of pleadings of the parties, necessary
issues were framed and after hearing the arguments, the Tribunal
vide its judgment dated 29.4.2022 has dismissed the claim
petition filed by the claimant. Hence, this Civil Misc. Appeal has
been filed.
Learned counsel for the claimant submits that the
impugned judgment and award dated 29.4.2022 passed by the
Tribunal is contrary to the material available on record. He further
submits that the delay in lodging the FIR was properly explained.
After thorough investigation, the investigating agency filed charge
sheet against the driver of the offending vehicle. Thus, the
impugned judgment is liable to be quashed and set-aside.
Heard. Considered.
From a perusal of the material on record, it is noticed
that as per the prescription slip of Bohra Hospital (Ex. 46), the
claimant remained admitted in the hospital from 12.4.2019 to
23.4.2019, but nothing was mentioned therein as to which part of
the claimant's body was operated. Further, the claimant was
discharged from the hospital on 23.4.2019 and as per the
claimant's own averment, he went to the Doctor on 26.4.2019 and
10.5.2019 for further treatment, but despite that till 16.5.2019,
(3 of 3) [CMA-1345/2022]
neither information was given to the police nor FIR was lodged by
him. The accident took place on 11.4.2019, but prescription slip of
the date of accident was not exhibited.
The Tribunal noted that it was not established that on
the date of accident i.e. 11.4.2019, the claimant was admitted in
any hospital. No prescription slip / operation note was available on
record to show as to for which operation, the claimant remained
admitted in Bohra Hospital from 12.4.2019 to 23.4.2019. The
report with regard to the alleged accident was lodged after 36
days, for which no reasonable explanation was given. The claimant
stated that there was no major male member in his family, but
from Ex. NA 6 and 7, the Insurance Co. established that in the
claimant's family, his father, brother etc. are there. The Tribunal
noted that there was material contradictions in the statement of
witness AW-2 Hari and the claimant Hari Om and the vehicle was
managed to be falsely involved in the alleged accident.
The findings recorded by the Tribunal are just and
proper, with which I fully concur.
For the aforesaid reasons, I find no force in this appeal
and the same being bereft of any merit, is liable to be dismissed,
which stands dismissed accordingly.
(PRAKASH GUPTA),J
DK/22
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