In your case, the allegations leveled against you would be required to be rebutted by way of leading cogent evidence. You will have to prove your defense by way of cross examination of the complainant and re-calling the witnesses which have already been examined in the Trial Court by moving application for the same. The High Court is not to examine the truth or falsehood of the allegations in the petition under Section 482 of the CR P C. Therefore, it would be appropriate for you to prove your facts in the Trial Court.

It is a matter of hospital record that the accident took place on 16.10.2021 when your cousin brother was admitted in the hospital. He succumbed to his injuries on 25. 10. 2021. Thereafter, an FIR was registered. In this factual matrix, the delay in lodging F I R is not fatal to the case. Needless to say, family members would be more engrossed in trying to save the life of injured rather than be bothered about timely registration of FIR. Fact of accident taking place on 16.10.2021 can be clearly borne out from the documentary evidence on record. Recovery of both the motorcycle as well as offending truck will also be a matter of police record. Further, the fact that registration of FIR was not registered on the statement of eyewitness cannot be a ground to discard the claimant’s case or presume the same to be incorrect especially in view of the cogent and sufficient evidence which can be placed on record by the claimant’s from Hospital record and Police Station record. Thus, keeping in view the facts and circumstances as above, there is no difficulty in raising claim even if there is unexplained delay in registration of FIR in this case and the FIR being not registered by any family member.