A Motor Accident Claims Tribunal (MACT) here has refused to grant monetary compensation to a man, whose leg was amputated in an accident involving a truck, and held him responsible for negligence.
MACT presiding officer Naveen Arora dismissed the petition of south Delhi resident Gopal Singh, who alleged that the accident took place on April 14, 2013, after a truck ahead of him suddenly applied brakes due to which he hit the vehicle.
“The facts clearly show that the petitioner would not have been maintaining safe distance from the vehicle ahead (and) that is why he is telling such a vague and improbable story,” the tribunal said.
It also observed that the petitioner had not been able to explain how the accident took place, and did not remember the registration number of the truck.
Contradictory stands
“From the manner stated in the petition and affidavit, it can be safely said that the accident was caused because of his [petitioner’s] negligence as he did not maintain a safe distance from the vehicle ahead. From the version in the cross-examination, it seems that some other vehicle had hit him from the right side. Both the stands are contradictory and it is not clear as to how the accident took place,” it said.
The tribunal added that the petitioner’s case was based upon bald allegations without any substantial proof in the form of photographs of the vehicle involved, the number of the other vehicle, and mechanical inspection reports, among others.
“Bald allegations”
“It can be said that it is a case based on bald allegations only without any sufficient proof. Needless to say that the petitioner cannot take any stand in his evidence in contradiction to the stand taken in his pleadings, and the stand taken by him in his pleadings clearly shows negligence on his part,” the MACT noted.
According to the petitioner, a resident of Mehrauli, he was going to Faridabad from Haridwar late on April 14, 2013, in his container truck when another truck overtook him. He then had to apply the brakes suddenly due to which he hit the vehicle from behind.
— PTI
