02 May 2024 Evidence >> Criminal Law   |   Motor Accident >> Family Law  

A recent judgement by the Delhi High Court has dismissed an appeal filed by a victim of a hit-and-run accident. The appellant, who sustained injuries in the accident, challenged the dismissal of her claim petition by the Motor Accident Claims Tribunal (Tribunal).

The Accident and Claim:

The appellant was involved in a hit-and-run accident and suffered injuries. However, she was unable to identify the make or registration number of the vehicle at the scene. Ten days later, an alleged eyewitness named Sanjay emerged and provided the details. Based on this information, the appellant filed a claim petition with the Tribunal.

Tribunal's Dismissal and Appeal:

The Tribunal dismissed the claim petition due to insufficient evidence to prove the specific vehicle's involvement in the accident. The appellant appealed against this decision.

Reasons for Appeal Dismissal:

The High Court upheld the Tribunal's decision, citing several factors:

• The appellant's inability to identify the vehicle initially.
• The delay and lack of verification surrounding the eyewitness's testimony.
• Inconsistencies in the statements of the registered vehicle owner.
• The investigating officer's failure to properly investigate the eyewitness and a potential motive for false implication.

Court's Observations:

The Court noted the shortcomings in the police investigation, particularly the lack of inquiry into the eyewitness's background and relationship with the appellant. Additionally, the possibility of a fabricated claim against the vehicle owner due to a personal dispute was not adequately investigated.

Outcome:

Due to the lack of concrete evidence regarding the offending vehicle, the High Court dismissed the appeal and upheld the Tribunal's decision. This case highlights the challenges associated with hit-and-run accidents and the importance of thorough police investigations.

  Motor Vehicles Act, 1988