ORIENTAL INSURANCE CO. LTD. Vs. CHITRAVEL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the Judgment and decree, dtd. 28/11/2005, made in M.C.O.P.No.1617 of 2000, on the file of the Motor Accident Claims Tribunal (III Additional Subordinate Judge), Madurai.

(2.) The case of the claimant is as follows:-

(3.) The appellant / Insurance Company filed a counter affidavit before the Tribunal and submitted that as per the averment in the petition, the accident had occurred on 6/7/1999 and the claimant was admitted in the Meenakshi Mission Hospital, Madurai for taking treatment nearly for 33 days as inpatient and discharged on 9/8/1999, but, the First Information Report was given only on 24/9/1999 i.e nearly 78 days after the accident and after discharge from the hospital. It is further stated that as per 161(3) statement given by one Gurusamy, who is none other than the person who gave the First Information Report in the case, the claimant has got personal injuries in the quarrel among the relatives and further one Pandi, Auto driver has stated that in order to recover the expenses meted out in the hospital, they lodged a complaint. Further, the claimant himself admitted that on the date of accident, he consumed alcohol and he was riding in the motor cycle and he did not know, how, he has sustained injuries. As per the enquiry report submitted by Sub-Inspector of Police, Traffic IV, "there is no occurrence was done on 6/7/1999 as per FIR ". Since the injuries sustained by the claimant is not due to road accident, he is not entitled to claim Rs.25,000.00 under no fault liability and prayed for dismissal of the claim petition.