The court held that a delay in lodging a police report is not fatal when caused by medical exigencies. Additionally, a police charge sheet is credible evidence, and an insurer’s failure to summon relevant parties to rebut allegations justifies accepting the claimant's evidence to award compensation.

Judgment :

Biswaroop Chowdhury, J.

1.The Appellants before this Court were claimants in a case under Section 166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 15th May 2023 passed by Learned Additional District Judge Fast Track IInd Court Howrah in MACC No-110 of 2017.

2. The case of the appellants/claimants before the Learned Trial Court may be summed up thus;

3. On 18-01-2017 at about 17.00 hours the victim namely Sanjay Manna was travelling by a bi-cycle along the left side of NH-6 Kolkata bound near Khalishani. At the material time one motor cycle being no. Chassis no. ME4J.C 651JG. 7436056 which was proceeding rashly and negligently towards same direction suddenly dashed the victim with a great force. As a result of the said accident the victim sustained severe fatal injuries and it caused his death.

4. Rash and negligent driving on the part of the driver of the offending motor cycle being chassis no. ME4JC651JG74 360 56 was the sole cause of this pathetic accident, which could easily be avoided at the time by prudent driving.

5. The victim since deceased was an active man. He was the sole bread earner of his family. The applicants lost best companion throughout their life. The applicants sustained mental shock pain and agony. The accident forces them to pass life of miserable days.

6. Pursuant to filing of claim case notice was issued upon the opposite parties. Opposite Party National Insurance Company Ltd. contested the case by filing written statement. Issues were framed and evidence was adduced.

7. Learned Trial Judge upon considering the evidence adduced and upon hearing the parties was pleased to dismiss the claim case.

8. The claimants/appellants being aggrieved by the Judgment and Award passed by the Learned Trial Judge has come up with the instant appeal.

9. Heard Learned Advocate for the appellant and Learned Advocate for the respondent no-1 National Insurance Co. Ltd. Perused the evidence adduced and materials on record.

10. Mr. Banik Learned Advocate for the appellants submits that the Learned Trial Judge erred in dismissing the claim case by disbelieving the oral evidence of P.W. 1, P.W.-2, and OPW 1 as well as documentary evidence of exhibited documents namely FIR, seizure list, charge sheet P.M. report, Insurance policy of the offending vehicle Aadhar Cards of the claimants Learned Advocate further submits that the Learned Tribunal was wrong in dismissing the claim case by not applying the principle of Res-Ipsa Loquitor in the motor accident. Learned Advocate also submits that Learned Tribunal erred in dismissing the claim case on the ground that the offending vehicle (new motor cycle) was not involved in the alleged motor accident.

11. The following decisions are relied upon by Learned Advocate.

National Insurance Company Ltd. Vs Mita Samanta 2010 (1) TAC 343.

National Insurance Limited Vs Protima Barik , 2019 WBLR. (Cal) 566.

Ashalata Suryakant Palit and ors. Vs. New India Assurance Company Limited , 2023 (2) TAC 725(SC)

Bimla Devi Vs. Himachal Pradesh Road Transport Corporation and ors. (2009) 13 SCC. 530.

Kusum and ors Vs Satbir , 2011 ACJ. 926-2011(2) TAC(S.C)

Sunita Vs Rajasthan State Road Transport AIR-2019 (SCC) 944 : 1977 AIR-1735.

Asha Devi Vs Assistant Director State Insurance and ors. 2021 ACJ. 2679.

Krishna Bus Services Ltd. Vs Smt. Mangli and ors. 1976 ACJ 184.

Shya