LAXMIBAI Vs. CHANABASAPPA

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned counsel for the insurer.

(2.) This is a peculiar case where the Tribunal after having accepted the nexus between the injuries caused in the accident and the death has proceeded to hold that the offending vehicle has been implicated on account of collusion between the claimants and the owner and such a presumption is drawn on account of the eye witnesses turning hostile before the Criminal Court in the prosecution lodged by the State and which led to the acquittal of the accused, i.e., the rider of the offending motor-cycle and further on the ground that the claimants have not examined the eye-witness namely Jakareddy and also on the ground that there has been an inordinate delay in lodging the complaint and proceeded to hold that the claimants have not proved issue No.1 and on account of the same it was pleased to dismiss the claim petition after placing reliance on the rulings of this Court in ILR 2009 KAR 2921 and ILR 2009 KAR 3562 where this Court was examining a case of false and fraudulent claims.

(3.) The records have been summoned. We have carefully looked into the records, more particularly into Ex.P.4, the Motor Vehicle Accident Report which details the vehicles involved and the damages to the respective vehicles which is extracted as hereunder: