Tribunal closes motor-accident claim case, says injured did not identify driver

New Delhi, Jan 13 (PTI) A tribunal here has closed an accident-claim case after noting that the injured man did not identify the driver who allegedly drove his vehicle in a rash and negligent manner, causing grievous injuries to him.

Presiding Officer Vijay Kumar Jha of a Motor Accident Claims Tribunal (MACT) in the Karkardooma district court was hearing a case against Chaturbhuj, against whom the Nand Nagri police station had registered an FIR under the penal provision for causing grievous hurt by acting in a rash or negligent manner.

According to petitioner Yogesh Kumar, an autorickshaw hit him on December 7, 2023, following which the driver fled the spot.

In its order dated January 7, the tribunal noted that in the chargesheet, Chaturbhuj's name was mentioned in Column 12, which lists individuals who are suspected of a crime but not formally charged due to a lack of evidence.

It said, "The investigating officer (IO) has stated that initially, the final report was to be filed against the accused/respondent no.1 (Chaturbhuj), however, the metropolitan magistrate (MM) refused to accept the final report with the direction that the chargesheet be filed by putting the accused in column no.12." The tribunal then asked the IO whether the magistrate had given a written order, to which the police official replied in the negative.

It then posed a question about the facts indicating Chaturbhuj's negligence and rash driving.

"The IO has stated that the registration number of the offending vehicle was given by the petitioner, stating that he was doing the work of parking attendant and he would not forget registration numbers of vehicles, and the said statement of the petitioner was sufficient regarding rashness or negligence," the tribunal said.

It noted that when the tribunal posed questions to Kumar, he clarified that he had seen the registration number of the vehicle after the accident.

The petitioner, however, did not identify Chaturbhuj as the driver, the tribunal noted.

"After an enquiry, the tribunal is of the opinion that it would be very difficult for the petitioner to establish the rashness/negligence of respondent no.1, whom he has declined to identify as the driver. In these circumstances, the detailed accident report (DAR) is hereby disposed of," the tribunal said.

The accused's counsel, Manish Bhadauria, had earlier submitted that CCTV footage showed that the autorickshaw, bearing the registration number cited by the petitioner, was plying at Mehrauli at the time of the alleged incident.

The place where the vehicle's presence was established by the CCTV footage was around 40 km from the spot of the alleged accident, the lawyer said, challenging the maintainability of the final report. PTI MNR RC