The court emphasized the importance of credible evidence and consistency in statements to establish the occurrence of an accident and entitlement to compensation under the Motor Vehicle Act, 1988.

JUDGMENT :

Kuldip Singh, J.

Simru Ram, Sub Inspector of Police by profession, has filed this appeal against award dated 2.12.1994 passed by Motor Accident Claims Tribunal, Kurukshetra (for short, 'the Tribunal'), vide which, his claim petition was dismissed.

2. Facts of the case are that according to the claimant, on 19.2.1993, after getting free from VIP Duty, he was going on scooter bearing Registration Number HR-07-0420 from Kurukshetra to Shahabad. His brother Suresh Kumar was riding the pillion. At about 3.10 p.m., when they reached near turning point of road towards Jhansa near Shahabad on GT Road, a truck bearing Registration Number HNQ 6265 being driven rashly and negligently by respondent no.1 Jasbir Singh driver, struck against the scooter of the claimant. As a result of which, claimant as well as his brother Suresh Kumar fell down from the scooter. Suresh Kumar did not receive any injury. However, claimant ASI Simru Ram received the injuries. He was removed in the injured condition to Civil Hospital, Shahabad by his brother Suresh Kumar and one Pawan Kumar, who runs a Tea shop near the place of accident. Number of the truck was noted by Suresh Kumar and Pawan Kumar at the spot. Truck driver sped away from the spot towards Pipli. In the first information report, truck no. was mentioned by mistake as 8292, whereas correct number is HNQ 6265. Police recorded the statement of the claimant in hospital, which forms the basis of first information report.

3. Before the Tribunal, respondent no.1 did not appear and was proceeded against ex-parte. Respondent nos.2 and 3 in the written statement, denied the accident. It was stated that the number of the truck is mentioned in the FIR as 8292. The claimant never met with accident with truck No.HNQ 6265 and the said truck has been wrongly involved.

4. From the pleadings, following issues were framed:-

1. Whether the accident in question resulting into injuries to the claimant was caused due to rash and negligent driving of truck No.HNQ 6265 by its driver Jasbir Singh respondent no.1 ? OPP.

2. If issue no.1 is proved, whether the claimant is entitled to compensation, if so how much and from whom? OPP.

3. Whether the claim petition is bad for non joinder of necessary parties and mis joinder of parties and causes of action? OPZR.

4. Whether the claim petition is not maintainable, as alleged? OPR.

5. Whether the claimant is stopped by his own act and conduct from filing the claim petition? OPR

6. Whether the respondent no.1 was not having valid driving licence at the time of accident in question. If so its effect? OPR.

7. Relief.

5. The Tribunal while taking up issue No.1, after discussing the evidence, came to the conclusion that no accident took place with truck No.HNQ 6265. Accordingly, it was held that claimant is not entitled to any compensation. The claim petition was accordingly dismissed.

6. None appeared for the appellant at the time of the arguments. Therefore, case of the appellant has been considered and the counsel for respondent no.3 has been heard. I have also carefully gone through the file.

7. Case of the appellant is that he along with his brother Suresh Kumar was going on the scooter from Kurukshetra to Shahabad. The accident took place near the turning point of GT Road near Shahabad on 19.2.1993. FIR No.43 was registered on 19.2.1993 under Section 279 and 337 IPC. It is further case of the claimant that he was taken to the hospital by his brother Suresh Kumar and Pawan Kumar, who runs a Tea shop nearby. In the initial statement made by the claimant-appellant to the police, he mentioned the number of the truck as 8292. According to the claimant, number of the truck was noted by his brother Suresh Kumar and one Pawan Kumar. Both of them accompanied the claimant-appellant to the hospital. Claimant-appellant himself is Assistant Sub Inspector in the police and he knows the consequences of wrong mentioning of the number of the truck. Pawan Kumar and Suresh Kumar were present in the