IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. FAO 3508/2008 Date of Decision: 19.5.2009. Ranbir Singh ..........Petitioner. Versus State of Haryana and another ..........Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr. Manoj Chahal,Advocate for the appellant. Mr.CB Chahar,Advocate for respondent no.2. JASWANT SINGH,J. Aggrieved against the award dated 24.4.2008 passed by the learned Motor Accidents Claims Tribunal,Bhiwani, (hereinafter referred to as the Tribunal) dismissing his claim petition under Section 166 of the Motor Vehicles Act,1988,(hereinafter referred to as the Act) appellant-claimant has filed the present appeal. In the claim petition it was alleged by the appellant that on 23.10.2001 he alongwith his father was going on foot near the saw mill at Tosham towards Tosham Township and at that time a jeep bearing registration no. HR-03-A/5062 (hereinafter referred to as the offending vehicle) being driven in a rash and negligent manner came from the opposite side and struck against the petitioner crushing his right leg. Thereafter he was taken to hospital and remained admitted at Arora Hospital, Hisar where he is alleged to have undergone as many as five operations during his 100 days' FAO 3508/2008 2 hospitalization. It was further alleged by the claimant that despite his repeated requests to police authorities no FIR was lodged and finally he filed a private complaint on 20.3.2002 against Mahabir Parsad, J.E., Public Health Department, Tosham, who was allegedly driving the offending vehicle at the time of accident-respondent no.2 for the offences punishable under Sections279/338 IPC wherein latter stands summoned vide order dated 27.4.2007. Upon notice of the claim petition, respondents 1 and 2 i.e. owner and alleged driver denied the involvement of the offending vehicle. Respondent no.1 i.e. owner of the offending vehicle in its written statement took the stand that as per its record, on the alleged date of accident the vehicle had remained standing in the premises of the Public Health Department and was not driven by respondent no.2, as alleged. Respondent no.2 in his separate written statement stated that on the relevant date the offending vehicle was under the custody and control of one Dharampal, official Driver and that he was not at all involved in the accident. Upon pleadings of the parties issues were framed. Parties led evidence in support of their respective pleas. Learned Tribunal after hearing both sides dismissed the claim petition. Hence the present appeal. Heard learned counsel for the parties and perused the paper book. The learned counsel for the appellant contends that the impugned award suffers from illegalities and irregularities and is in complete disregard to the facts, circumstances and evidence on record. However, I do not find any merit in this submission of the learned FAO 3508/2008 3 counsel for the appellant. The accident is alleged to have taken place on 23.10.2001. The criminal complaint titled Ranbir Singh vs. Mahabir Parsad was filed on 20.7.2002 i.e. after a period of almost nine months. No documentary evidence to show that any attempt was made to report the matter to police, was produced. The claim petition was filed on 16.5.2005. Even the claim petition was filed after more than three years. In his cross examination, the appellant admitted that he did not inform the police about the accident in question till 2- 1/2 months after the accident. The learned Tribunal, has rightly noticed that this inordinate and unexplained delay cannot be ignored to believe the self- serving bald statement of the appellant that despite his approaching the police no FIR was lodged by it. It was also the case of the appellant that soon after the accident he was firstly shifted to CHC Tosham, wherefrom he was taken to Arora Orthopaedic Hospital,Hisar where he was operated upon. However, no MLR regarding his examination by the doctor at PHC Tosham was produced which may have lend credence to his story. Claimant even did not examine any Doctor from Arora Orthopaedic Hospital, who may have testified that the appellant was referred from PHC Tosham. On the contrary as per endorsement on the reverse of document Mark-B (Exhibit PW4/A in the criminal complaint) attendant of the claimant-appellant, on 23.10.2001 had stated before Dr.Arora that the claimant had suffered injuries due to his own fault and they did not want any police case. Even PW1 Dr.PK Anand, who had performed the operation upon the appellant in his cross examination admitted that such injury FAO 3508/2008 4 consisting of old open fracture of leg bone detected by him, having been suffered by fall on a hard surface cannot be ruled out. Mere summoning of the accused in criminal complaint would not be sufficient to prove that the claimant had suffered the injuries in the alleged motor vehicular accident or can be held to be binding upon the learned Tribunal. As per Exhibit R-3 (photocopy of extract of log book of offending vehicle) which is a Government vehicle, on the alleged date of accident the said vehicle was lying parked in the office throughout the day. No other point has been urged before this Court. For the reasons stated above, finding no merit in this appeal the same is hereby dismissed. 19.5.2009. (Jaswant Singh) joshi Judge