LAWS(MPH)-2016-9-152

HEMANTKUMAR Vs. MANOHARSINGH & OTHERS

Decided On September 21, 2016
Hemantkumar Appellant
V/S
Manoharsingh And Others Respondents

JUDGEMENT

(1.) This Miscellaneous Appeal is directed against the award passed by learned Motor Accident Claims Tribunal, Indore in claim case No.38/2003 dated 30.11.2005 whereby the learned Tribunal dismissed the application filed by the appellant for award of compensation for the injuries he suffered in an accident which took place on 30.03.2003.

(2.) According to the appellant on 30.03.2013, the appellant was going on motorcycle bearing registration No.MP-09-J-5882 belonging to his friend Ravindra. His friend was driving the motorcycle carefully on correct side of the road. When their motorcycle reached from Karnawat bifurcation towards Indore Hoshangabad road, the respondent No.2 brought the jeep bearing registration No.MP- 13-C-2832 driving it in a rash and negligent manner and dashed it against the motorcycle on which the appellant was travelling, due to which, the appellant and his friend-Ravindra fell down and sustained serious injuries. The appellant suffered injuries in his hand and also suffered a fracture.

(3.) Respondent No.3-Insurance Company of the jeep involved in the accident filed a written statement in which it was stated that report of the accident was registered at Police Station-Hatpipliya after 17 days. No explanation has been given for delay, and therefore, it is apparent that for falsely implicating the jeep which was under the coverage of insurance by a policy issued by respondent No.3, a false information was lodged.