SUNIL Vs. VAJAMUDDIN SAHABUDDIN HAWALDAR

JUDGEMENT

(1.) The claimant, in this appeal, has challenged the judgment and award dated 18.03.2015 passed in MVC No.565/2013 by the Presiding Officer, Fast Track Court III, Belagavi (hereinafter referred to as "the Tribunal" for short) whereby the claim petition filed by the claimant was dismissed.

(2.) The necessary facts for disposal of the appeal are as under:

(3.) The learned counsel for the appellant/claimant submits that the Tribunal has miscarried itself as to the trivial discrepancy found in the oral evidence of P.W.1 and has disbelieved the case of the claimant. He further submits that the fact of accident being not in dispute, the Tribunal ought not to have dismissed the claim petition. It is contended that mere four days delay in lodging of the complaint would not falsify the case of the claimant. He also points out that the Tribunal has taken too pedantic view of the matter and therefore, sought for interference by this Court. It is also his contention that the Tribunal ought not to have attached too much importance on technicalities in a matter of this nature, as strict rules of evidence are not applicable before the motor accident claims tribunal and sought for allowing the appeal.