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2026 Supreme(Raj) 256

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Sandeep Taneja, J.
Surendra Singh S/o Sh. Govind Singh - Appellant
Versus
Rajesh Sharma S/o Sh. Mohan Lal - Respondent
S.B. Civil Miscellaneous Appeal No. 88 of 2018
Decided On : 13-05-2026

Advocates Appeared:
For the Appellant : Mr. Rohit Tiwari
For the Respondent: Mr. Virendra Agarwal with Mr. Prijwal Kumar

The claimant bears the burden of establishing the incident and the involvement of the vehicle under a preponderance of probabilities. A police charge-sheet is not conclusive; failure to explain reporting delays and inconsistencies regarding the nature of medical trauma warrants the dismissal of a claim.

Headnote:(A) Motor Vehicles Act, 1988 - Section 173 - Claim application dismissed by Tribunal for want of proof - Appeal against dismissal - Delay in lodging FIR - Mere delay is not fatal, but must be satisfactorily explained - Failure to explain delay after hospital discharge period - Lack of documentation regarding treatment at a primary facility - Medical report indicating injury was old in nature for which duration could not be assessed - Claim petition decided on touchstone of preponderance of probabilities - Presence of police charge-sheet does not constitute conclusive proof of negligence or vehicle involvement - Nexus between accident, vehicle, and injury must be established by claimant. (Paras 10, 11, 12)

(B) Appeal - Scope - Appellate court not to interfere with findings of fact unless there is perversity or illegality - Evaluation of material evidence by lower court found to be apposite - Appeal lacks merit. (Paras 14, 15)

Facts of the case:
A claimant sought compensation for injuries allegedly sustained in a vehicular collision. The lower tribunal dismissed the petition on the ground that the occurrence of the incident was not established. Evidence presented included hospital records and a late-filed report to the police. Discrepancies in medical documentation and an injury report suggesting the trauma was pre-existing undermined the claimant's arguments.

Findings of Court:
The court concurred with the lower tribunal's finding that the claimant failed to substantiate the occurrence of the collision. The absence of a valid explanation for the reporting delay, combined with the inability to establish a medical link between the reported event and the injuries, was critical to the decision.

Issues: Whether the lower tribunal correctly dismissed the claim due to a failure to prove the accident, and whether the evidence successfully established a causal link between the alleged occurrence and the sustained injury.

Ratio Decidendi: While the standard of proof for such claims is the preponderance of probabilities, the claimant retains the burden of proving the collision and the involvement of the specific vehicle. Filing a charge-sheet provides only preliminary information and does not exempt the claimant from establishing a verified nexus between the incident and the resulting harm.

Result: Appeal dismissed.

Table of Content
1. procedural history and factual foundation of the claim petition. (Para 1 , 2 , 4 , 5 , 6)
2. conflict between parties regarding evidence, fir delay, and collision allegations. (Para 3 , 7 , 8)
3. unexplained fir delay undermines the credibility of the claim. (Para 10)
4. requirement of medical documentation consistency for claim validation. (Para 11)
5. preponderance of probabilities standard; charge-sheets are not conclusive evidence. (Para 12 , 13)
6. dismissal of appeal due to failure to establish accident connection. (Para 14 , 15 , 16 , 17)

JUDGMENT :

SANDEEP TANEJA, J.

1. This appeal has been filed under Section 173 of Motor Vehicle Act, 1988 against the judgment dated 04.08.2017 passed by the learned Motor Vehicle Accident Claims Tribunal, Kishangarh, District Ajmer (Raj.) (hereinafter referred to as ‘Tribunal’) in Claim Petition No.80/2014, whereby the claim petition filed by the appellant-claimant (hereinafter referred to as ‘claimant’) was dismissed.

2. The brief facts of the case are that the claimant filed a claim petition before the learned Tribunal stating therein that on 31.10.2013, he alongwith with his cousin Rajesh Chaudhary was going towards his farm on foot. At about 11:00 AM, when they were about to reach there, an Indica car bearing registration No. RJ-14-5C-0383, being driven at a high speed and in a rash and negligent manner by respondent No.1, hit him, as a result of which, he sustained injury. The claimant claimed a total compensation of Rs.15,30,000/- under various heads on account of the injury sustained by him.

3. The respondent–Insurance Company filed written statement, contending that there was a delay of seven days in lodging the First Information Report (FIR) and further alleged that the claim petition was a result of collusion between the claimant and respondent Nos.1 and 2.

4. On the basis of pleadings of the parties, the learned Tribunal framed four issues. The claimant examined two witnesses namely, Govind (AW-1) & Rajesh Chaudhary (AW-2) and produced documentary evidence from Exhibit-1 to Exhibit-42. The respondents did not produce any evidence in support of their case.

5. The learned Tribunal, after evaluating the evidence on record, vide the impugned judgment dated 04.08.2017, dismissed the claim petition concluding that on basis of the evidence led by the claimant, the accident of the claimant with the offending vehicle was not established.

6. Being aggrieved by the aforesaid judgment, the claimant has preferred the present appeal.

7. Learned counsel for the claimant submitted that the findings recorded by the learned Tribunal are perverse and contrary to the evidence available on record. It is further submitted that the accident took place on 31.10.2013 and the FIR was lodged on 07.11.2013. The delay in lodging the FIR has been reasonably explained, as the claimant had sustained injury and the family members were primarily engaged in arranging medical treatment during that period. It is, therefore, contended that the learned Tribunal erred in dismissing the claim petition on the ground of delay in registration of the FIR. In support of this contention, reliance has been placed upon the judgment of the Hon’ble Supreme Court in Ravi v. Badrinarayan , reported in 2011 (4) SCC 693.

7.1 In continuation of the aforesaid submissions, learned counsel further submitted that the learned Tribunal failed to consider that, after conclusion of investigation, the police filed charge-sheet under Sections 279, 337 and 338 of IPC against respondent No.1 from which it is established that respondent No.1 was driving the offending vehicle, in a rash and negligent manner, at the relevant time.

7.2 Based on the above submission, it is submitted that, the impugned judgment passed by the learned Tribunal is liable to be set aside, and the claimant deserves to be awarded just and reasonable compensation for the injury sustained.

8. Per contra, learned counsel appearing for the respondent- Insurance Company

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