PALANISAMY Vs. P. BOOLOGATHUR UDAIYAR

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant.

(2.) The Tribunal has exonerated the Insurance Company and fixed the liability on the owner of the Vehicle. The reason stated in the award for such a finding is that there is a discrepancy regarding the date and the manner of the accident. The inherent contradictory evidence placed by the claimant has warranted the Tribunal to exonerate the Insurance Company.

(3.) The case of the petitioner is that on 12.10.2012 when he was travelling on a bicycle on Salem-Attur bye-pass road, at about 11.30 hours, a motor cycle bearing Reg.No. TN 28 AX 4721 dashed him from the rear side. First Information Report was registered by the Salem Police station in Crime No.601 of 2012 under Sections 279 and 337 of IPC. The First Information Report was registered on 18.10.2012 six days after the accident showing the date of the accident as 12.10.2012 at about 11.30 hours. This is in consonance with the facts narrated in the claim petition. However, the medical records, namely, Ex.X1 produced by Saravana Hospital (P) Ltd. Indicates that the claimant was admitted in the hospital on 11.10.2012 at 2.00 p.m., itself with medical history bleeding nose followed by the accident while riding the bicycle.