ORIENTAL INSURANCE CO LTD PONDICHERRY Vs. KARTHIKEYAN

JUDGEMENT

(1.) THE Insurance Company and the owner of the vehicle have filed the present appeal against the award of the Motor Accidents Claims Tribunal (Principal Subordinate Judge's Court, Villupuram) in M.C.O.P. No. 90 of 2004 dated 13.4.2006.

(2.) THE case of the respondent claimant is that of 25.1.2004, at about 11.00 a.m., when he was walking on the Ulundurpet Main Road, Thiyagadurugam, he was knocked down by an auto bearing Registration No. TN-32-X-4690, owned by one Kumar and driven by its Driver Murugan. It is stated that in the accident, the injured claimant suffered grievous injuries, namely, fracture of the fibula and tibia of left leg. According to the claimant, he was taken to the Private Hospital, namely, Viswashan Clinic, Thiyagadurugam on 25.1.2004 and then referred to Government Hospital at Kallakurichi. THE Wound certificate is dated 1.2.2004 which is seven days after the date of accident, i. e., 25.1.2004 and has been marked as Exhibit A-3. THE F.I.R. Exhibit A-1 in this case was lodged on 1.2.2004. THE Accident Register which was recorded by the Government Hospital, Kallakurichi has been issued on 1.2.2004, which is Exhibit A-11. On this premise, the claim petition was filed for a compensation of Rs. 3,74,000/-.

(3.) THE specific case of the claimant in Sl. No. 23 of the Claim Petition is, that he was taken to the private hospital for grievous injuries suffered and thereafter referred to Government Hospital, Kallakurichi. A counter and additional counter was filed by the Insurance Company. In the additional counter, the specific case of the Insurance Company is that the accident in question did not take place on 25.1.2004. Paragraph-4 of the Additional counter affidavit reads as follows: ?This respondent states that the petitioner has not sustained any injuries on the date of the allied accident, i. e., 25.1.2004. But subsequently on 1.2.2004 the petitioner might have sustained injuries somewhere else an1 now preferred this petition far compensation, as if those injuries were sustained by him only on 25.1.2004. If really the petitioner sustained injuries on 25.1.2004 he would have admitted in the hospital on that day itself and the FIR would have been registered on 25.1.2004 itself. THE delay of 8 days in preferring the FIR and admission in the Government Hospital, Kallakurichi itself would go to show that the present claim is a false claim.?