(Order dictated by Shri. B.V.Gudli, President)

: O R D E R :

          The complainant has filed the complaint u/s. 12 of C.P. Act, seeking direction the opponents for deficiency of service for wrong mentioning the date of accident and non correcting the date in the summary sheet.

          The matter is for order on maintainability of the complaint. The allegations of the complainant’s is that the father of complainant No.2 to 4 and the complainant No.1 being the wife of deceased who succumbed due to accidental injuries and on 20/5/2006 Mr. Vasudev G. Nair after the closing Tea Shop on Jagalbeth Ramanagar Road towards home at Ramanagar of Karwar District the Tempo bearing No.KA-23 / M-1939 came rashly and dashed to the deceased due to impact the deceased sustained grievous injuries to head, lips and facture injuries to left leg etc., and he was shifted to the government hospital Ramangar and from there the deceased was shifted to Vijay Hospital Belagavi and admitted as In door patient on 20/5/2006 to 27/5/2006 and during the course of treatment the husband of complainant No.1 succumbed. The complainant further alleges that at Ramanagar Police Station crime was registered under 27/2006 and the claim petition was filed in M.V.C. No.202/2007 against and owner and insurer of the vehicle involved in accident for compensation before Hon’ble 1^st Additional Senior Civil Judge Belagavi and relevant documents were produced. The complainant further alleges that the summary Sheet issued by the opponents the date of accident is wrongly mentioned as 16/5/2006 instead of 20/5/2006 and by mistake the opponents have mentioned the date and record in the police station and wound certificate issued by the respondent/opponents shows the date of accident as on 20/5/2006. The complainant further submits that the Hon’ble Court Belagavi dismissed the petition on 29/9/2014 pointing out the mistakes of admission in the opponents hospital. The complainant further submits that due to deficiency in service by the opponent in not correcting the summary sheet and its date the complainant has lost the case before the Hon’ble Court Belagavi and prayed to allow the complaint with the direction to pay Rs.5,00,000/- with interest at 18% P.A. and Rs.50,000/- for mental agony etc.,

          We have perused the documents and also the judgement of Hon’ble 1^st Additional Sr. Civil Judge M.A.C.T. Belgaum dated 29/9/2014 wherein the Hon’ble Court has dismissed the petition considering the date of accident, the admission in the Hospital and date of operation and discharged and found that the accident as claimed by the petitioner has not occurred and petitioner has failed to established the date of accident. The complainants in this case have produced the summary sheet wherein we can noticed that the date of admission is shown as 16/5/2006 and date of surgery is shown as 17/5/2006 and date of discharge is shown 27/5/2006. We also perused the other documents such as F.I.R. charge sheet, wound certificate, the death certificate etc., the point for our consideration is that whether the complainant is entitled for the compensation as prayed and the complaint is maintainable?

          By appreciating the order of Hon’ble Court Belgaum which has dismissed the complaint after detail consideration of documents stating that the petitioner has failed to established the date of accident and the complainant has filed this complaint against the opponents for deficiency of service in wrong mentioning of dates of accident in discharge certificate. It is to be noticed that the complainant was having ample opportunity before him, to establish that the opponent had wrongly mentioned the date of accident in the summary sheet, before the Hon’ble M.A.C.T. Belgaum where the complainant maintain his petition. Now the complainant filed this complaint wherein he has failed to establish the deficiency of service on the part of the opponent and the complaint is not maintainable before the Forum and forum cannot issue direction to the opponent to correct the summary sheet because on the said documents already Hon’ble M.A.C.T. has given decision dismissing the petition. Hence the following order;

ORDER

          The complaint of the complainant is dismissed as not maintainable and the Forum has no jurisdiction to entertain the complaint.

          Member                    Member                    President.

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