The claimant must provide sufficient evidence to prove injuries were sustained in a motor vehicle accident to succeed in a claim under the Motor Vehicles Act, 1988.

This appeal by the claimant-appellant is directed against the judgment dated 16th January, 2012 whereby the claim petition has been dismissed basically on the ground that the claimant has failed to prove that he received injuries in any motor vehicle accident and has also failed to prove that the injuries for which he got treatment were received by him in the motor vehicle accident.

2. The claimant filed a petition under Section 166 of the Motor Vehicles Act, 1988 alleging that he was riding a bicycle on 23.08.2007 when he was hit by auto-rickshaw bearing registration No.TR-01-B-3503 near I.T.I, Indranagar. The insurance company specifically took a plea that no accident had taken place and denied each and every averment made in the claim petition. The claimant also in the claim petition did not state who was driving the auto-rickshaw. The owner of the auto-rickshaw as is normally the case in Tripura where vehicles are insured admitted the accident, stated that he could only remember that one fellow riding a bicycle had a collision with the auto-rickshaw and had sustained simple injuries and left thereafter. Though the accident allegedly took place on 23.08.2007 the report with regard to the accident was made only on 18.09.2007 i.e. after 27 days. Delay in lodging the FIR or the G.D. Entry made itself would not be fatal to this case. But it would be pertinent to refer to the following observations of the Motor Accidents Claims Tribunal (for short, MACT) with regard to the accident which reads as follows:

“The alleged accident is said to have reported to G.B. Town Out Post vide G.D. Entry No.602 dated 18.09.2007, i.e. after about 27 days of alleged accident. The said G.D Book is called for by this Tribunal. It is noticed that on 18.09.2007 at about 12.15 hours the G. D. Entry was recorded. In the same G. D. it is also noted that investigation was done and the alleged fact was found true and the accident occurred due to rash driving of vehicle No.TR-01-B-3503 (Auto-Rickshaw). The name of the officer recording G.D. is not mentioned in the G.D. Book. The G. D. Entry No.601 and 603 dated 18.09.2007 appears to have written by one person whereas G. D. Entry No.602 dated 18.9.2007 was written by another person as the hand writing differs, that means that regular police officer on duty at relevant point of time did not record the G. D. Entry No.602. Some other person not on duty recorded the G. D Entry. All those things took place in collusion of two police officers and one Amal Das alleged to have recorded the incident. More surprising thing is that a considerable space was left blank in between 601 and 603 so that any manipulation can be done in future for vested interest. It is further important to note here that at the very moment of recording G. D. Entry No.602 at 12.45 hours the investigation was also completed, that means entry was recorded at 12.15 hours and the investigation was also concluded at 12.15 hours. Offending vehicle No.TR-01-B-3503 (Auto- Rickshaw) was alleged to have found responsible during investigation for causing injury but no charge sheet was filed against the driver. Moreover, any police officer of any Out Post under one Police Station has no authority to investigate until and unless authorized by the Officer-in-Charge of the said Police Station. I find nothing in the G.D. Entry No.602 about any kind of authority given for investigation. Thus, all the above findings clearly speak about manipulation, so called false investigation and recording of G. D. Entry for some personal vested interest of two police officers of G. B. TOP. As such, the matter is required to be informed to the Superintendent of Police, West Tripura, Agartala for taking note about the illegalities of two police officers for taking action as per law.”

3. A perusal of the finding of the MACT who had the benefit of perusing the original G. D. register shows that the entry was made at 12.15 hours and in the very same entry it is mentione