S.B. Civil Misc. Appeal No.1003/2010 Ratan Singh Vs. Bablu @ Vijay Singh and Anr. Dated : 28.07.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Naveen Kr.Sharma, for the appellant. *** Challenge in this appeal is to the judgment dated 7th July, 2009 rendered by Motor Accident Claims Tribunal, Ajmer whereby the learned Tribunal dismissed the claim petition of the appellant claimant. 2. The accident is alleged to have occurred on 30th September, 2004 at about 8.00 PM within the jurisdiction of the Police Station Nasirabad Sadar near the well of Aatmaram at Rajgarh when the driver of offending vehicle bearing registration No.RJ-01-0992 drove it rashly and negligently and dashed against the Motorcycle whereupon Balbeer, Ratan Singh and Smt. Hiri were sitting. They are said to have sustained simple and grievous injuries causing permanent disability. 3. Heard learned counsel for the appellant and carefully perused the impugned award. 4. Learned counsel for the appellant canvassed that the learned Tribunal dismissed the claim petition on the ground that the claimants lodged an FIR after seven days of the occurrence which -2- casts doubt about the genuineness of the FIR. Learned Tribunal also did not place reliance on the statement of the claimants and having found the fact of accident to be wholly untrue, dismissed the claim petition. The judgment of the Tribunal is not in accordance with the evidence available on record and the claim petition has been arbitrarily dismissed. 5. Adverting to the facts of the case, it is found that the accident took place on 30th September, 2004, whereas the FIR of this accident was lodged after seven days of the occurrence. This inordinate delay in lodging the FIR is not found to have been satisfactorily explained and thus, the occurrence was found to be suspicious in the facts and circumstances of the case by the Tribunal. It is also found that the very next day of the accident, police recorded Parcha-bayan of Smt. Hiri and Ratan Singh which bore their signature and thumb impression. In their Parcha-bayan Smt. Hiri and Ratan Singh are found to have stated that they have sustained injuries on account of the fact that their Motorcycle slipped. Thereafter, they remained silent for seven days. After seven days of the said occurrence, they are found to have lodged a false report with the police stating that one vehicle dashed against their Motorcycle. It -3- caused an accident resulting into injuries on their person. The claimants did not produce any satisfactory or reasonable evidence with regard to delay in lodging the FIR. Learned Tribunal found grave contradictions in Parcha Bayan of Smt. Hiri and Ratan Singh and FIR with regard to alleged accident. There is no mention of the fact of accident in Parcha Bayan and similarly the fact of having Motorcycle slipped resulting into injuries on their person was not narrated in FIR. With an intent to claim false compensation, the claimant probably concealed the fact of slipping of Motorcycle and gave a colour of accident to it after seven days. Learned Tribunal having critically analyzed the arguments advanced by learned counsel for the parties and properly appreciated the evidence on record, arrived at a conclusion that the facts as enumerated in the claim petition were not found to have been proved. The impugned judgment rendered by the Tribunal is found to be just and proper and suffers from no infirmity. It is based on cogent and sound reasonings with which I fully concur. Learned counsel for the appellant could not convince me to take a contrary view to that of the learned Tribunal and I am of the opinion that this appeal being devoid of any substance deserves to be dismissed at the threshold. -4- 6. For the reasons stated above, the appeal being devoid of any merits stands dismissed accordingly. 7. No order as to costs. (MAHESH BHAGWATI)J. Pcg