AN ACCIDENT Claims Tribunal rejected a claim of over Rs 4.47 lakh presented by petitioner saying that he had failed to prove that he had suffered 25 per cent disability when the moped (Scooty) he was riding was hit by a motorcycle, while he was returning from Ujjain to Indore on May 3, 2004, during Simhasta fair.
The petitioner, Ramsevak son of Rameshwar Gaur, resident of 94, Brahmabagh Colony, said that the accident occurred near village Barodia, when a motorcycle hit his vehicle (MP-09-JS-8305), in which his right leg was fractured and he suffered 25 per cent permanent disability.
National Insurance Company’s advocate Sanjay Mehra argued that though the accident occurred on May 3, the report was lodged two months and seven days later.
During cross-examination the petitioner said that after the accident he became unconscious after 10 minutes and remained so for the next five days. He claimed that he had noted the number of the motorcycle in his memory and recalled it after he became conscious.
The advocate questioned whether it was possible to remember a number after remaining unconscious for five days. Moreover, it was also established that the victim was illiterate.
During cross-examination of the doctor, it was established that the disability was due to an old wound, and not as a result of the current accident. As a result, the 13th additional member Motor Claims Authority Justice Dr J C Sunhere rejected the claim.
During cross-examination of the doctor, it was established that the disability was due to an old wound, and not as a result of the current accident. As a result, the 13th additional member Motor Claims Authority Justice Dr J C Sunhere rejected the claim.