K. DHANANJAYA NAIDU Vs. D. JANARDHAN RAO

JUDGEMENT

(1.) In this appeal, the appellant has challenged the judgment dtd. 20/12/2012 passed in M.V.C.No.4504/2010 on the file of the M.A.C.T. & XXI Addl.Small Causes, Bangalore (SCCH-XXIII) ('the Tribunal' in short).

(2.) Briefly stated, the facts are that, on 26/5/2010, the appellant was riding the motor cycle bearing No.KA-05/EP-5198 along with one Ramesh as a pillion rider. When they reached Shanimahathma temple near Chikkalasandra on Subramanyapura Main Road from Padmanabhanagar side, a Hero Honda motor cycle bearing No.KA- 03 /EN-999 came in a rash and negligent manner and dashed against the motor cycle of the appellant causing him severe head injury. He was admitted to Maharaja Agrasen Hospital, referred to NIMHANS, Bangalore where he was treated as inpatient till 28/5/2010 and thereafter under hospitalization at Vinayaka Hospital till 3/6/2010. Seeking compensation, he has approached the Tribunal, the claim was opposed by the respondents, the Tribunal after collecting the evidence passed the impugned order dismissing the claim petition. Aggrieved by the same, the appellant is before this court.

(3.) The appellant urged that the Tribunal is erred in dismissing his claim though the accident was due to negligence on the part of the rider of the motor cycle bearing No.KA-03/EN-999. The Tribunal is not correct in holding that the appellant has not come before the Tribunal with clean hands. Inspite of proper evidence being led to explain the delay in filing the FIR, the medical records clearly point out the history of the accident, it is not proper on the part of the Tribunal to expect the appellant to prove the accident to the whims of the Tribunal and come to a wrong conclusion and needs to be interfered with.