Karnataka High Court Upholds Dismissal of Motor Accident Claim Due to Evidence Discrepancies
Appellant's compensation claim rejected due to unexplained delay and lack of credible evidence linking the insured vehicle to the accident.
In a recent judgment, the Karnataka High Court, Kalaburagi Bench, presided by Justice Mrs. P Sree Sudha, has upheld the decision of the Motor Accident Claims Tribunal to dismiss a compensation claim filed by Suresh, the appellant. The court found significant discrepancies in the evidence presented and highlighted the appellant's failure to prove the involvement of the insured vehicle in the accident.
The case revolved around an incident that occurred on December 22, 2013, when the appellant, Suresh, was allegedly injured in a motor accident involving a motorcycle. Suresh filed a compensation claim amounting to Rs. 10,00,000, which was subsequently dismissed by the Tribunal due to inconsistencies in the complaint and supporting documents.
Key issues noted by the court included a 24-day delay in filing the complaint, discrepancies in the dates and details across various documents such as the FIR, MLC number, and injury certificate, and the absence of a credible explanation for these inconsistencies. The appellant's argument that these were mere oversights was not accepted by the court.
The judgment also referenced a previous case, Veerappa v. Siddappa, highlighting the increasing concern over fraudulent claims in motor accident cases and the need for courts to remain vigilant against such practices.
The High Court concluded that the Tribunal had rightly dismissed the claim due to the lack of credible evidence and the possibility of the vehicle being falsely implicated. As a result, the appeal was dismissed, affirming the Tribunal's original decision.
Bottom Line:
Motor Accident Claims - Compensation claim dismissed due to discrepancies in evidence and inordinate delay in filing complaint - Appellant failed to prove the involvement of the vehicle and existence of the insurance policy on the date of the accident.
Statutory provision(s): Motor Vehicles Act.
Suresh v. Siddarama, (Karnataka)(Kalaburagi Bench) : Law Finder Doc Id # 2812461
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