DINAKAR Vs. BASAWARAJ

JUDGEMENT

(1.) PRESENT appeal is filed by the claimant of a case bearing MVC No. 1316/2009, which was pending on the file of MACT at Gulbarga. Claim petition has been dismissed on the ground that there was delay of five months in filing the complaint to the police. Therefore, the Tribunal has suspected the genuineness of the accident and the appellant being involved in the accident said to have taken place at about 5.00 p.m. on 27.02.2009 in Ganga Nagar near Hanuman Temple of Gulbarga.

(2.) ACCORDING to the appellant, he was proceeding on a motorcycle bearing Regn. No. KA -32/Q -3458 and when he reached a place near Hanuman Temple in Ganga Nagar, Gulbarga, the rider of motorcycle bearing Regn. No. KA -32/U -5866 came from the opposite direction, being driven rashly and negligently and dashed against his motorcycle. As a result of the same, the appellant is said to have fallen down from the motorcycle and sustained injuries. He was immediately, admitted to Dr. S.G. Shah Sanjota Hospital at Gulbarga. He is stated to have spent sufficient amount for his treatment and his future working capacity has came down on account of the accident due to the negligence of the rider of the motorcycle bearing No. KA -32/U -5866.

(3.) ON the basis of the above, the following issues came to be framed: