IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE HIRDESH

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ON THE 24 OF FEBRUARY, 2026 MISC. APPEAL No. 3064 of 2018 HEMANT RAWAT Versus HARKANTH SINGH AND OTHERS Appearance:

Shri Ramesh Prasad Gupta - Advocate for the appellant.

Shri Ram Vilas Sharma- Advocate for respondent/Insurance Company ORDER

1. This Miscellaneous Appeal has been preferred by the appellant/claimant seeking setting aside of the impugned Award dated 09.04.2018 passed by the First Member Motor Accident Claims Tribunal, Dabra, Gwalior (hereinafter referred to as the “Claims Tribunal”) in Claim Case No.22/2017, whereby the Claims Tribunal rejected the claim petition filed by the claimant.

2. Brief facts of the case are that on 13.10.2016, the claimant was standing on the roadside in front of his house waiting for a bus to go to Dabra, when a motorcycle bearing registration No. MP-07-MZ-6982, coming from the Bhitarwar side, was driven rashly and negligently and hit him. After causing the accident, the motorcyclist fled towards Dabra. As a result, the claimant fell on the road and sustained a stomach injury. He was taken by his father to Gwalior and admitted to Saraf Hospital for treatment. The incident was reported by the applicant’s father at Police Station. FIR was registered. After investigation, charge sheet was filed.

3. Thereafter, the claimant filed a claim petition before the Claims Tribunal seeking compensation. Respondents filed their reply and denied the averments made in the claim petition. After framing of issues and recording of evidence, the Claims Tribunal rejected the claim petition.

4. Being aggrieved by the impugned award, learned counsel for the appellant submitted that Claims Tribunal has committed a grave legal error in dismissing the claim application by refusing to treat the incident as a motor accident and by failing to properly and minutely appreciate the evidence and record of the case. It is contended that the oral and documentary evidence on record clearly proves that respondent No.1, while driving motorcycle bearing registration No. MP-07-MZ-6982 in a rash and negligent manner, caused the accident resulting in serious injuries to the stomach and liver of the appellant. The Claims Tribunal erred in rejecting the occurrence of the accident despite clear evidence, including the filing of a charge sheet against respondent No.1 after police investigation, which prima facie establishes the accident. Learned counsel further submits that the learned Court below wrongly disbelieved the testimony of the appellant and supporting witnesses, including Shaitan Singh, merely on the ground of delay in lodging the FIR, which by itself is not sufficient to reject a genuine claim. The rejection of the claim on the basis of minor discrepancies, particularly regarding the date of accident, is erroneous, as the evidence on record, including hospital admission records and discharge summary of Saraf Hospital, conclusively shows that the appellant was admitted on 13.10.2016 following the accident and that the incorrect date mentioned elsewhere was due to a clerical or medical error. It is also submitted that the learned Court below failed to consider the admission made by the owner of the offending vehicle to the police, wherein it was stated that Harkant Singh was driving the motorcycle at the time of the accident. Hence, prayed for setting aside the impugned order.

5. On the other hand, learned counsel for the respondent/Insurance Company opposed the appeal and supported the impugned award, submitting that the claimants failed to prove negligence and involvement of the offending vehicle by cogent and reliable evidence.

6. Heard learned counsel for the parties and perused the entire record of the Claims Tribunal.

7. It is true that if the claimants have been able to demonstrate satisfactory and cogent reasons for delay in lodging the FIR, such delay should not be treated as fatal to the proceedings.

8. The Apex Court in case of Ravi Vs.