The presumption of guilt of the driver of the offending vehicle if a charge sheet is filed after investigation, and the shift of burden of proof to the appellant to prove the claimant's negligence.

ORDER :

1. This appeal has been filed by owner of the offending vehicle/appellant under Section 173(1) of Motor Vehicles Act being aggrieved by the award dated 21.12.2022 passed by 6th MACT, Chhatarpur in MACC No.199/2021 whereby the Tribunal awarded a total sum of compensation of Rs. 2,90,244/-with interest of 6 percent per annum from the date of filing of the petition till realization to the claimant by way of compensation on account of injury to Pradeep Kumar in the motor Accident which allegedly took place on 28.09.2020.

2. Brief facts of the case are that on 28.09.2020, the claimant came to his house Maharajpur from Chhatarpur on motorcycle. One Sachin was sitting on the motorcycle at 04:15 pm when he reached in front of house of Rajesh Maheto, Gadi Malhara, he stopped his motorcycle. Then from the Gade Malhara side respondent No. 1, driving the offending vehicle JCB, bearing registration No. MP-16 DA0415 in rash and negligent manner dashed the claimant due to which claimant received injury on his body. He was taken to District Hospital Chhatarpur for treatment and Dr. Mukesh Prajapati informed Police Choki Campus Chhattarpur.

3. In the accident claimant received fracture in femur bone on the left hand and treated for long time. So he filed claim petition before the Tribunal for seeking compensation.

4. Appellant filed the written statement and denied all allegations and submitted that appellant’s vehicle has not caused any accident on date 28.09.2020. Respondent was riding his motorcycle in rashly and negligently and due to his negligence collided with the standing JCB of the appellant and that there is 100 percent negligence on the part of the claimant and there is no fault of the appellant and pray for dismissal of the claim petition.

5. Tribunal framed the issues and taking evidence of both the parties and accepted the claim petition and awarded Rs.2,90,244/- with 6 percent interest to the claimant.

6. Being aggrieved with such award, owner of the vehicle/appellant filed this appeal that the appellant’s vehicle has not caused any accident. Respondent was riding the motorcycle rashly and negligently and due to his negligence vehicle collided with the standing JCB of the appellant and there is 100 percent negligence on the part of the claimant. There is no fault on the part of the appellant and his vehicle, so he is not liable. On other hand he also submitted that Tribunal awarded higher side of the compensation and alternatively reduced the compensation.

7. Per-contra leaned counsel, appearing on behalf of the respondent/claimant contended that Tribunal has awarded just and proper compensation and pray for rejection of the appeal.

8. Heard the arguments advanced by the learned counsel for the parties and perused the record of the claims Tribunal.

9. Learned counsel for the appellant submitted that there is no accident caused by the offending vehicle. Offending vehicle was implanted in the case. He submitted that according to the intimation sent by the District Hospital, Chhatarpur to Police Chowk, Chhatarpur there is no registration number of the vehicle and FIR was lodged after 20 days of the incident. So the FIR is delayed.

10. Considering the arguments and perusing the record, Ex. P. 3, intimation by the hospital sent to Police Chowki Hospital Campus Chhatarpur by the doctor in which it was mentioned that deceased was brought for treatment in hospital. He received injuries in road accident.

11. According to FIR Ex. P-2, police received this intimation and thereafter inquired the matter and found that a JCB of yellow colour without number dashed the motorcycle of the claimant by which the claimant received injury.

12. Thereafter, police inquired the matter and after investigation filed the charge sheet of the offending vehicle which was driven by Mukund Singh respondent No. 2.

13. It is settled principle that if police registers the case against the offending vehicle after investigation, files a charge sheet before Magistrate Cou