Sunny v. Sanjeet & ORS
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"(1) Whether the accident in question, causing injuries to Sunny son of Kamal Singh took place due to rash and negligent driving of offending vehicle bearing registration No.HR-16M-9722 by respondent no.1, as alleged? OPP.
(2) If issue no. 1 is proved, whether the petitioner is entitled for compensation, if so, to what amount and from whom? OPP.
(3) Whether the claim petition is liable to be dismissed on the grounds taken by the respondent no.3 in its written statement? OPR.
(4) Relief. "
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4!? *) 16 "As per averments of the petition, the accident took place on 03.11.2014. Claimant was admitted in Shri Baba Yogi Neta Nath Hospital & Research Hospital Centre, on that very day. This is apparent from the prescription slips of Shri Baba Yogi Neta Nath Hospital & Research Hospital Centre, Lohani (Ex.P2, Ex.P2 and Ex.P3). The FIR in this case was registered on 07.11.2014 by the claimant (Ex.P9), wherein claimant alleged that on that very day, he and his friend Arun were on their way to college on their motorcycle bearing registration No.HR-19J-0270. At about 10.00 a.m., they reached near Titani minor, where Chocolate colour Bolero vehicle bearing registration no. HR16M-9722, hit their motorcycle and he suffered a fracture of spinal cord. However, his friend Arun
suffered a minor injury. An unknown driver of Bolero vehicle caused the accident. His friend Arun shifted him to Lohani Hospital and from there he was referred to Sarvodaya Hospital. Claimant and Respondents have examined Dr.B.L.Bagri (PW12/RW1), who has admitted that no MLC was issued. He has admitted that the brother and brother-in-law of the Claimant had made the statement that they do not want to take any police action as the injuries were suffered by the Claimant due to fall from bike. Later on, on 07.11.2014, an affidavit was filed by the mother of the Claimant namely Sushil Devi for issuing MLR. The statement of the relatives for not issuing MLC is Ex.R2. The persons who had given the writing (Ex.R2) were not known to him personally. He denied that the writing (Ex.R2) came in existence on the direction of Respondents no.1 and 2.
Further, Arun Kumar (PW3) has deposed that soon after the accident, the father of Sunny was informed over the phone, who reached Shri Baba Yogi Neta Nath Hospital & Research Hospital Centre, Lohani within 15 minutes. In order to ascertain the facts, the file of the criminal case titled "State Versus Sanjeet' pending in the court of ACJM, Bhiwani was also called. I have perused the evidence, It appears fom the evidence that soon after the accident. Sunny was shited to Cha Baba Yogi Neta Nath Hospital & Research Hospital Centre, Lohani, where the father of Sunny also reached within 15 minutes.
Dr.B.L.Bagri recorded the following statement of two persons:- "Our patient has suffered the injuries by falling from the bike of his own. We do not want to take any police action and also do not want to get the MR issued.
Sd/- Sd/- Jija Bishnoi, brother."
28.
This also deserves to be mentioned that Sushil Devi, mother of the Claimant filed an affidavit (Ex.R3) with the hospital stating that MR had not been issued in this case and that the MR be issued. Sunny in his testimony before this Tribunal has stated that he was disclosed the registration number of the offending vehicle by his friend Arun Kumar (PW3). The testimony of Sunny was also recorded by ACM, Bhiwani in the criminal case, wherein he deposed that he does not identify the driver. This also deserves to be highlighted that the State case was fixed up before AJM, Bhiwani for 01.06.2016, for which date Arun was served. However, he did not appear and warrant of arrest was issued against him for 18.08.2016. On 18.08.2016, arrest warrant issued against Arun was not received back and the case was fixed up for 15.10.2016. On 15.10.
2016, again Arun did not appear despite service. Till date, Arun is avoiding to appear in the court of ACM, Bhiwani to depose in the criminal case. A perusal of the report of the mechanic in the file of the criminal case titled 'State Vs. Sanjeet' would show that very minor damage has been shown to the offending vehicle and it is stated that the vehicle is fit for driving.
brake system; clutch; accelerator; suspension and steering are OK and the vehicle is fit for driving. It is also stated that only some minor scratches are on the left side front and left side head light.
29.
On the basis of the above evidence, it cannot be said that vehicle no. HR-16M-9722 was involved in the accident. This also deserves to be mentioned that though Sunny suffered very serious injuries, yet his friend Arun, who is alleged to be driving the bike did not suffer any injury at all. 30.
From the above evidence, it appears that Sunny suffered the injuries by falling from the bike and later on, to get the compensation the alleged offending vehicle was involved. I am of the considered view that claimant has failed to prove that the accident took place due to the negligence of Respondent no.1 by driving vehicle no.HR-16M-9722. Accordingly, I hereby find this issue against the Claimant."
Learned Tribunal has concluded that claimants/appellants have failed to prove involvement of offending vehicle in accident dated 03.11.2014 and has disbelieved evidence of claimant and contents of FIR made on 07.11.2014, in view of testimony of doctor as well as statements of his brother-in-law and brother before the doctor that claimant on 03.11.2014 had suffered injuries from fall of vehicle and they do not want to proceed against anybody.
8.
Learned counsel for claimant/appellant has argued that learned Tribunal has wrongly placed reliance upon the statements of doctor as well as the statement produced by doctor, on the basis of which, MLC was not
recorded. It is submitted that on 03.11.2014, claimant/appellant could not have suffered any statement either to police or to doctor as he was not in a condition on account of serious injuries suffered by him. It is asserted that the statements of his brother-in-law and brother allegedly made on 03.11.2014 are hear-say statements and not based upon any material as they were not present at the time of occurrence. The alleged statement is liable to be ignored.
9.
On consideration of arguments raised on behalf of learned counsel for the claimant/appellant, though on first look they appear to be attractive, I do not find any merit in view of detailed examination and analysis of evidence by the learned Tribunal. 10.
Facts are not much in dispute.
11.
In present case, as per claimant/appellant, it was he and Arun Kumar (PW3) who were going on motorcycle and on the day of the accident i.e 03.11.2014, both claimant/appellant and Arun Kumar (PW3) suffered injuries. Arun Kumar (PW3) had suffered minor injuries and was not subjected to any medical treatment as per the own case of claimant/appellant. It was claimant/appellant only who was put to medical treatment on 03.11.2014 itself. He was taken to + ) <4
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