Mr. Counsel for the insurer, the claimant was seriously injured — traumatic paraplegia. Is it not natural that priority was given to medical treatment over filing an FIR?

My Lord, it is true that priority is given to medical treatment, but the delay here is 2.5 months. The claimant was discharged from the hospital and readmitted multiple times. There were opportunities to file the FIR earlier. The explanation is not satisfactory. Moreover, the delay is only one factor. When combined with the other discrepancies — the medical record contradicting the claimant's version and the variation in vehicle number — it creates a strong doubt about the genuineness of the claim.

The medical record is based on information from attendants. Why should it be given more weight than the claimant's own sworn testimony?

My Lord, the medical record is contemporaneous evidence. It was created at or near the time of the accident. The claimant's testimony was given years later. Contemporaneous evidence is generally more reliable. Moreover, the claimant had the opportunity to correct the record if it was wrong. He did not. The medical record stands unchallenged. The courts below were justified in relying on it.

The vehicle number in the FIR, chargesheet, and claim petition is consistent — WB-41-3999. The claimant made an oral slip. Is that not a minor discrepancy?

My Lord, the discrepancy is not minor. The claimant was the victim. If he was hit by a lorry, he should have seen the number plate. He gave a different number in his testimony. This casts doubt on whether he actually saw the vehicle at all. The consistency of the documents does not explain the oral error. The courts below were entitled to treat this as a material discrepancy.

No independent witness was examined. But the claimant himself was the victim. Is his testimony not sufficient?

My Lord, in claim proceedings, the testimony of the injured claimant can be sufficient if it is credible. Here, it is not credible because it is contradicted by the contemporaneous medical record and because of the variation in the vehicle number. When there are such discrepancies, corroboration becomes necessary. The claimant did not provide any corroboration.

For RespondentCivil Premium

Accident Not Proved; Discrepancies Justify Dismissal — (2026) INSC 541

The claimant failed to prove the occurrence of the accident. The MRI Report records 'fall from lorry', not that he was hit by a lorry. There was a delay of 2.5 months in lodging the FIR.

Raj Kumar Das (Dead) Through LRs v. National Insurance Co. Ltd. — (2026) INSC 541

Core Argument

The claimant failed to prove the occurrence of the accident. The MRI Report records 'fall from lorry', not that he was hit by a lorry. There was a delay of 2.5 months in lodging the FIR. The claimant gave a different vehicle number in his oral testimony. No independent witnesses were examined. The courts below correctly dismissed the claim.

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