SUBRAMANI @ SUBRAMANYA Vs. AVINASH

JUDGEMENT

(1.) This appeal is under Sec. 173 (1) of the Motor Vehicles Act, 1988, filed by the claimant aggrieved by the judgment and award dtd. 7/1/2020 passed by the III Additional District and Sessions Judge and M.A.C.T, Hassan, in M.V.C.No.1858/2017 whereby the claim petition filed by the appellant seeking compensation for injuries sustained in a motor vehicle accident was dismissed. The dismissal is primarily predicated on the Tribunal's finding that, the appellant failed to prove the very occurrence of the accident and the consequent involvement of the KSRTC bus bearing registration No.KA- 18-F-366. The Tribunal appears to have treated the matter as one requiring strict proof akin to a criminal prosecution and rejected the appellant's case on grounds such as delay in lodging the FIR, absence of contemporaneous police investigation, minor inconsistencies in hospital documentation, and the supposed improbability of the incident, despite significant medical evidence on the contrary.

(2.) The facts as laid out in the claim petition and supported by evidence indicate that, on 23/12/2016, the appellant, while riding his motorcycle bearing registration No.KA-46-A-0116 at Attihalli road, was involved in an accident with a KSRTC bus allegedly driven in a rash and negligent manner by respondent No. 1. It is asserted that, the appellant, along with one Guruji, was thrown off the vehicle upon collision, resulting in grievous injuries, including fractures to multiple ribs and the right foot. The appellant was first taken to the Government Hospital at Sakleshpura and thereafter shifted to Yenepoya Hospital in Mangaluru, where he was admitted and treated for multiple days. Despite this, the tribunal disbelieved the occurrence of the accident itself, largely relying on procedural lapses and omissions by third parties, including the delay in lodging the FIR and absence of police visits during the initial treatment phase.

(3.) Heard the arguments of both sides on this appeal.