Motor accident appeal against dismissal of a claim petition. The case diary, not placed before the Tribunal, recorded the corrected registration number of the offending motorcycle. The High Court set aside the award and remanded for fresh consideration of that evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~47
Through: Mr. S.N. Parashar and Mr. Ritik Singh, Advs.
versus
SH SUJEET KUMAR & ORS. .....Respondents
Through: CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
TARA VITASTA GANJU, J.: (Oral)
CM Appl.40468/2025 [Seeking condonation of delay in filing]
MAC.APP. 423/2025
Signature Not Verified
Digitally Signed By:RAHUL Signing Da te:2 3.07.2025 MAC.APP. 423/2025 01:56:06
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dismissed.
6.1 Learned Counsel for the Appellants further submits that initially the registration number of the motorcycle that was given was the number mentioned above, that is, DL-3SBV-3651. However, thereafter on 18.07.2019, the Appellant No. 2 had gone to the police station and given a
Signature Not Verified
Digitally Signed By:RAHUL Signing Da te:2 3.07.2025 MAC.APP. 423/2025 01:56:06
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statement that the registration number given earlier was wrongly given. The new registration number of the offending vehicle was DL-5SBV-3651. Subsequently, the investigation was conducted by Investigating Officer (IO) based on new and correct vehicle number.
6.2 Learned Counsel for the Appellants further submits that a CD along with photographs of the accident was also given to the IO at the Batlab Police Station in support.
6.3 Learned Counsel for the Appellants, however, fairly concedes that this aspect of the matter was not brought to the notice by the Counsel appearing before the learned Tribunal.
6.4 Learned Counsel for the Appellants further submits that the reason for non-grant of any compensation is only on account of the earlier incorrect vehicle number given earlier. It is averred that correct number was given to the IO in a short period of accident itself. Reliance is placed on the case dairy of IO dated 18.07.2019 in this behalf. It is apposite to set out the English translation of the case diary which is below:
“Description: The plaintiff of the above case Mehul Suneja son of Sunil Suneja resident of House No. 83 A Gopal Park, Delhi is present at Batlab Police Station. Statements recorded after interrogation. The plaintiff Mehul Suneja son of Sunil Suneja. Suneja resident of House No. 83 A Gopal Park, Delhi, on being asked, said that I had come with my father to Indraprastha College on 08/06/19 for admission . At 02:30 pm, when we were coming out of the college, Gate No. 2 by our Activa Scooter, a bike came from inside the college at a high speed and hit my Activa . Due to which my father Sunil Suneja got injury on head. The students of the college helped me to admit my father to Yashoda Hospital in their car. My father died on 13/06/2019 during treatment at the Trauma Center, AIIMS Hospital , Delhi. The number of motor cycle which hit us was DL5SBV365 . We parked that motorcycle and our scooty under the custody of the College Security Guard. We took photo of the motorcycle through
Signature Not Verified
Digitally Signed By:RAHUL Signing Da te:2 3.07.2025 MAC.APP. 423/2025 01:56:06
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my mobile and giving its photocopy to you . The driver of the bike fled away from the spot. I was scared at that time and the bike number was mistakenly written wrong in the FIR, please correct it. The CD with photo is being attached. ”
[Emphasis supplied]
7.1 Learned Counsel for the Appellants further submits that in this view of the matter, on account of the error by the Counsel appearing before the learned Tribunal, the Appellants should not be made to suffer.
8.1 It is, however, clarified that the remand is only with respect to the examination of the case diary as well as the details provided by the learned Counsel for the Appellants to the investigating officer.
Signature Not Verified
Digitally Signed By:RAHUL Signing Da te:2 3.07.2025 MAC.APP. 423/2025 01:56:06
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from today.
10.1 The Registry is directed to send a copy of the order passed today to the Respondents within a week.
TARA VITASTA GANJU, J
JULY 11, 2025/r/jn
Signature Not Verified
Digitally Signed By:RAHUL Signing Da te:2 3.07.2025 MAC.APP. 423/2025 01:56:06
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1 issue framed by the court
Whether the Tribunal erred in dismissing the claim petition without examining the case diary showing the corrected registration number of the offending motorcycle.
1 provisions across 1 enactments
Smt Kanta & Ors.
Sh Sujeet Kumar & Ors.
Tara Vitasta Ganju
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
