Karnataka HC Upholds Dismissal Of Accident Claim After Claimant Altered Vehicle Number In Certified Police-Record Copies

The claimant alleged that on 25 August 2003, a TVS Suzuki motorcycle struck him while he was crossing the road, causing injuries and loss of earning capacity.

He sought compensation under Section 166 of the Motor Vehicles Act, 1988.

The Motor Accident Claims Tribunal dismissed the claim, finding that the vehicle number in the relevant records had been altered from “KA-02-5378” to “KA-02-S-5268.”

In an earlier appeal, the matter had been remitted to allow the claimant to lead further evidence, including by summoning police personnel or explaining the discrepancy; after remand, he led no further evidence.

The claimant appealed the dismissal.

The claim was brought under Section 166 of the Motor Vehicles Act, 1988, and the appeal was under Section 173(1) of that Act.

The Court applied the principle that a claim petition filed with unclean hands cannot be entertained, referring generally to repeated holdings of the Supreme Court without identifying a specific precedent.

It also relied on the evidentiary significance of the unexplained alteration in the records and the claimant’s failure, after remand, to provide further evidence or an explanation.

The Court found that the discrepancy was not merely an initial mistake in the vehicle number: the number had been altered in the charge sheet and spot panchanama, and the records produced by the claimant were inconsistent with the certified copies produced by the respondents.

Although the claimant had been given an opportunity after remand to address the discrepancy, he did not lead further evidence.

The Court therefore upheld the Tribunal’s conclusion that the claimant had tampered with the records and held that dismissal was justified under the unclean-hands principle.

It dismissed the appeal and ordered the claimant to pay costs of ₹5,000 to the insurer; pending applications were dismissed as unnecessary.