The main legal point established in the judgment is the requirement for proper consideration of evidence and medical records in determining the genuineness of an alleged accident and the award of compensation.

JUDGMENT

1. This is an appeal filed under Sec. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for brevity) by the appellant/Insurer, challenging the judgment and award dtd. 1/2/2012 passed in M.V.C.No.7/2010 by the Motor Accident Claims Tribunal, Arkalgud (hereinafter referred to as 'the Tribunal' for brevity).

2. The facts leading to filing of the claim petition is that, the petitioner before the Tribunal, aged 38 years claims to be a vegetable vendor said to have sustained injuries while standing on the side of the road on 24/8/2009 allegedly hit by a motor cycle, which is insured with the appellant herein. After 17 days from the date of the alleged accident, the petitioner filed complaint with Gorur Police against the motor cycle bearing No.KA-13/U-6855. As such, she claimed compensation. The Tribunal vide the impugned judgment has awarded compensation of Rs.22, 000.00 with interest @ 6% per annum, fastening liability on the insurer/appellant herein.

3. The appeal is filed on the following grounds:

(i) The vehicle in question is not involved in the alleged accident;

(ii) The Tribunal failed to look into the notings made in the wound certificate and the MLC extract;

(iii) The Tribunal failed to consider the admission made by the petitioner regarding the accident;

(iv) The Tribunal failed to consider the delay of 17 days in registering the case;

(v) The claimant has played fraud on the Tribunal in getting the compensation and

(vi) The award of global compensation is not justified.

Therefore, the judgment and award needs to be set aside and claim of the petitioner needs to be dismissed.

4. The respondent No.1 herein is the claimant, respondent no.2 is the owner of the vehicle. Both were served and unrepresented.

5. Heard the learned counsel for the appellant and perused the material available on record. Now the point that would for my consideration is: Whether the Tribunal is justified in accepting the alleged accident while awarding compensation?

6. My answer to the above point is in the negative as per the final orders.

7. The facts leading to the claim before the Tribunal is that, on 24/8/2009, the petitioner after attending pooja in the Shanimahatma temple was waiting on the left side of Jinnenahally Gate on Hassan-Arakalgud road, at that time, a Hero Honda motor cycle bearing registration No.KA-13/U-6855 came from Hassan side towards Arakalgud and dashed against the petitioner resulting in fracture on her left hand, as a result of which, she was admitted to Government Hospital, Hassan as inpatient on 24/8/2009 and she was treated there till 5/9/2009 and thereafter as outpatient for a period of one month. Claiming compensation of Rs.4.00 lakhs, the petitioner came before the Tribunal by filing a petition under Sec. 166 of the Motor Vehicles Act, 1988.

8. Before the Tribunal, the owner of the vehicle was placed exparte. The insurer alone contested the case on various grounds including that the vehicle in question was not involved in the accident and the injury has nothing to do with the alleged accident claimed by the petitioner.

9. The petitioner in order to prove her case examined herself as PW-1 and relied upon Exs.P1 to P9 and one witness was examined on behalf of the insurer as RW-1 and produced Exs.R1 and R2.

10. The Tribunal after hearing the arguments did not accept the plea of the insurer that the vehicle is not involved in the accident and also considered that the delay is natural and thereby considering the said aspect of the matter passed the impugned judgment in part and awarded a global compensation of Rs.22, 000.00.

11. It has been argued by the learned counsel for the appellant/insurer that the alleged accident claimed by the petitioner and the accident that has been informed to the hospital are different. The petitioner is a resident of Kodakahally village of Arkalgud taluk, Hassan district and before the Tribunal, she has made a revelation that the accident took place at Kodakahall