CHANDRA Vs. SHIVALINGE GOWDA

JUDGEMENT

(1.) This appeal is filed by the claimant whose claim petition has been dismissed by the Motor Accident Claims Tribunal, Bangalore City. The Claims Tribunal has found that claimant failed to etablish the involvement of tractor and trailer bearing registration Nos. KA-5-T3706 and KA-5-T3707 as alleged by claimant.

(2.) Facts leading to this appeal, stated in nutshell are, on 12-04-2004 at about 9.30 p.m. when the petitioner was riding the motor cycle on M. G. Road, Kanakapura Town, a tractor and trailer bearing registration Nos. KA-5-T3706 and KA-5-T3707 came from opposite direction in a rash and negligent manner and allegedly dashed against - claimant. He was shifted to Kanakapura Government Hospital and after first aid, he was shifted to KIMS Hospital at Bangalore for further treatment. Complaint was lodged on 16-04-2004 after four days from the date of accident. In the complaint, injured/claimant has mentioned the model number of the vehicle and also chassis number. He did not mention the registration number of tractor. However, he has stated in the complaint that as the registration number of the tractor was not available, he could not mention the said number.

(3.) Claimant has examined himself before the Claims Tribunal as P.W.1. Two doctors by name Dr. Somashekar and Dr. P. Niranjan Murthy have been examined as P.W.2 and P.W.3, Exs. P.1 to P.23 have been marked in evidence. On the part of respondents, R.W.1 - S. R. Naik, Senior Assistant of the Insurance Company who conducted investigation in the matter at the instance of the Insurance Company has been examined. However, he has not produced the report of investigation.