NATIONAL INSURANCE CO. LTD. AND NOW REPRESENTED BY ITS REGIONAL MANAGER, NATIONAL INSURANCE CO. LTD. Vs. RAJANNA AND B. JAYALAKSHMAMMA

JUDGEMENT

(1.) THE second respondent in MVC. No. 3282/2005 on the file of MACT, Bangalore has come up in this appeal against the judgment and award passed in yet another bogus claim. Brief facts leading to this appeal are that: Claimant Rajanna pillion rider on TVS XL bearing Registration No. KA -08 -H/6422 which was hit by car bearing Registration No. KA -01 -Z/5089 on 4.5.2004 stated to have fell down from the scooter and sustained fracture to his right leg, right hand and other injuries. According to him, he was immediately shifted to SNR Hospital at Kolar where he was inpatient for 4 months underwent surgery and that he has spent Rs. 50,000/ - towards treatment.

(2.) MATERIAL available on record would disclose that when the alleged accident took place, claimant Rajanna was taken to SNR Hospital by rider of the TVS motor cycle who is none other than his brother Manjunath who gave information to the Doctors at the time of admission to the effect that injuries suffered in a road traffic accident between his TVS XL motor cycle and Tata Sumo at about 10.15 a.m. on 4.5.2004 and the accident took place near Karinayakanahalli.

(3.) WHAT is to be seen here is that Manjunath who took the injured Rajanna to the Hospital immediately after the accident had not fallen from the vehicle, he had not suffered any injuries, he was hale and healthy he was conscious and he had come directly from the place of the accident to the Hospital along with the injured. Information given to the police regarding the manner in which Rajanna suffered injuries by Manjunath is that in a road traffic accident involving TVS XL and Tata Sumo.