Heard the appellant’s counsel and also the counsel

appearing for respondent No.2.

The factual matrix of the case of the claimant

before Tribunal is that, he was standing on the side of the

NH-17 road at Suvarnagadde in Kumta taluk waiting for

the vehicle. At that time, the respondent No.1 came from

Kumta side towards Honavar on the motorcycle bearing

No.KA-47/H-1697 in a rash and negligent manner and due

to his negligence, he lost control over the vehicle and the

said motorcycle dashed to the petitioner. Due to the said

impact,

the

petitioner

sustained

grevious

injuries.

Immediately,

he

was

shifted

to

RNS

Hospital,

Murudeshwar, wherein first aid treatment was given and

thereafter, as per the advise of the Doctor, he was shifted

to Tejasvini Hospital, Mangalore, wherein he was treated

- 3 -

from 08.12.2008 to 20.12.2008 and hence, made the

claim before the tribunal.

3.

The Insurance company after service of notice

appeared and filed objection statements denying all

averments and without prejudice to the contentions, took

the contention that, as per the information gathered, there

was no such accident occurred on the said day in the said

spot and the petitioner and the first respondent have

colluded with each other and formed the incident narrating

and with the assistance of the concerned police have filed

private complaint and FIR is registered and thereafter

investigated the matter and filed charge-sheet and hence,

it is clear that it is the case of concoction.

4.

The claimant in order to substantiate his case,

examined himself as P.W.1 and also examined two

witnesses as P.Ws.2 and 3 and got marked documents as

Exs.P.1 to P.71. On the other hand, respondents have not

examined any witnesses, however got marked copy of

policy as Ex.R.1.

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5.

The Tribunal after considering both the oral and

documentary evidence on record, dismissed the claim

petition and comes to the conclusion that private

complaint

was

filed

on

07.04.2009

and

alleged

panchanama was prepared on 05.04.2009 i.e. two days

earlier to the registration of the case and the same is

discussed in para 10 of the judgement of the Tribunal and

also discussed with regard to evidence of P.W.3 who

claims to be an eyewitness and his evidence is also

discarded. Having considered both oral and documentary

evidence on record, even in the absence of respondentss

evidence, comes to the conclusion that the accident has

not been proved by answering issue No.1 as negative.

Hence, the present appeal is preferred by the claimant.

6.

The main contention of the counsel for the

claimant is that the Tribunal has committed an error in

dismissing the complaint on the ground that there was

delay in filing the complaint and also counsel contends

that P.W.3 who is an eyewitness came and deposed before

the Tribunal that he witnessed the accident and even the

- 5 -

Tribunal has not accepted the document at Ex.P.6, under

which respondent No.1 pleaded guilty and hence, it

requires interference.

7.

Counsel also relied upon the judgement of the

Apex Court in the case of Ravi vs. Badrinarayan and

Others in Civil Appeal No.1926/2011, wherein in para 20

it is held that delay in filing the FIR cannot be a ground to

doubt the claimant’s case and also discussed in judgement

that knowing the Indian conditions as they are, we cannot

expect a common man to first rush to the police station

immediately after an accident and human nature and

family responsibilities occupy the mind of kith and kin to

such an extent that they given more importance to get the

victim treated rather than to rush to the police station.

8.

Counsel also relied upon the judgement of

Division Bench of this Court reported in 2020 Supreme

(KAR) 828 in the case of Sunil vs. Vajamuddin

Sahabuddin Hawaldar and brought to notice of this

Court para 14, wherein it is held that mere delay in

- 6 -

lodging the FIR would not ipso facto result in disbelieving

the entire case of the complainant in every case. The

person who takes plea of delay must