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The learned counsel for the petitioner submitted that the petitioner has good ground to win the appeal as there is ample evidence indicating that the insured vehicle was wrongly implanted to make a claim. In this regard he referred to the inordinate delay in lodging the complaint on 31.07.2019, registered on 01.08.2019 for the accident occurred on 10.07.2019, that is 20 days after the accident. He further submitted that as per the complaint, the deceased was travelling on the motor cycle of her son/complainant and she received the fatal injuries when she slipped from the motor cycle and that thereafter she was first taken to Simhapuri hospital and was treated there from Contd...

The medical history of the injury recorded in the Simhapuri hospital shows that she received the injury in motor vehicle accident, but the same is silent as to the other details. As rightly contended by the learned counsel for the petitioner, the fact whether the petitioner was first taken to the government hospital or straight away brought to Simhapuri hospital is doubtful and requires adjudication. But the fact that the deceased received injury when she fell down from the bike on 10.07.2019 is prima facie clear. If the offender is unknown person and the vehicle is unknown vehicle, the same could have been clear from the record, if so noted.