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SUKHVINDER KAUR
Charanjit Singh – Appellant
Versus
Jarnail Singh – Respondent
JUDGMENT
Mrs. Sukhvinder Kaur, J.
This appeal (FAO-2742-2001) has been filed by the appellant/claimant for setting aside of the award dated 30.11.2000 passed by the Motor Accident Claims Tribunal, Ambala, vide which the claim petition filed by the appellant/claimant was dismissed.
2. The relevant facts as per case of the claimant are that on 14.12.1997, claimant - Charanjit Singh was travelling in a truck bearing registration No.PCI-4789 which was being driven in a rash and negligent manner by respondent No.1 and caused the accident near village Mansurpur on Khatauli Road, about 10 K.M. from Muzzafar Nagar. Claimant/injured was taken to hospital at Muzzafar Nagar where his left leg was plastered and he remained admitted there for 3 days. On 17.12.1997, he was brought to Ambala City and was admitted at Mann Orthopedic Hospital, where he remained under treatment upto 10.01.1998. As the claimant remained on bed, so the accident was not reported to the police. The claimant was 30 years old at the time of the accident and had been kept as helper/cleaner by respondent No.2 on the truck in question and he was earning Rs. 3000/- per month. The claimant had spent about Rs. 50,000/- to Rs. 60
The claimant must prove the occurrence of the accident and the negligence of the driver to succeed in a compensation claim, which was not established in this case.
A claimant must provide credible evidence to establish liability and causation in a motor vehicle accident; registration of FIR alone is insufficient.
The significance of medical evidence and the principle that delay in lodging a complaint should not be the sole ground to dismiss a claim petition.
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