JAGADISH RAO Vs. MUNISWAMY AND ORS.

JUDGEMENT

(1.) THE appellant aggrieved by the dismissal of his petition filed under Section 166 of the Motor Vehicles Act, by the Principal M.A.C.T. & Chief Judge, Court of Small Causes, Bangalore ('the Tribunal' for short), in M.V.C. No. 3680/2010 dated 31st March 2012, is in appeal before this court.

(2.) THE appellant/claimant filed a petition before the Tribunal contending that, on 13.4.2010 at 1.15 a.m. while he was travelling as a pillion rider on a motor cycle bearing registration No. KA -41/K -3063, the rider of the said vehicle drove the motor cycle in a rash and negligent manner so as to endanger human life, lost control and hit the median. Consequently, he fell down and sustained grievous injury; he was 27 years as on the date of accident; prior to the accident, he was physically and mentally fit and working as a Boiler Operator at ISS Catering Services (South) Pvt. Ltd. and was earning Rs. 10,000/ - per month and was supporting the family. The jurisdictional Police have charge sheeted the rider of the motor cycle and he is punished. Due to the accident, he suffered following injuries:

(3.) SRI . Ashok N. Patil, learned Counsel appearing for respondent No. 2/insurer while substantiating the order of the Tribunal, has taken us through Ex.P1, the FIR, which was lodged at 3 p.m., on 14.4.2010 though the accident had occurred on 13.4.2010 at 1.15 a.m. The explanation offered in the FIR for the delay was that since the informant admitted the injured to the Hospital, there was delay in lodging the complaint. The name of the complainant is one Shivaji Rao but he is not the relative, who has accompanied the injured to NIMHANS and has given the history to the Hospital. The appellant has suppressed the material evidence of getting the injured treated at NIMHANS only to overcome the history of the incident given to the hospital authorities at the earliest point of time. He further adds that no information about the medico -legal case is sent either by NIMHANS or St. John's Medical Hospital. It is an after thought of the family of the injured one day after the incident to lodge a complaint by arraying a friend of the injured claimant as the accused. The Tribunal has rightly appreciated the materials placed before it to disbelieve the case of the claimant. It is also observed that the informant to the Police one Shivaji Rao, son of Siddoji Rao is none other than the brother of Muniswamy, S/o Siddoji Rao/first respondent/owner of the vehicle and all of them in collusion with the Police have filed a false case and the appellant himself is responsible for the accident and the consequent injuries suffered.