MAHENDRA Vs. JITENDRA

JUDGEMENT

(1.) THE present appeal has been filed by the appellant under section 173 of the Motor Vehicles Act, 1988 challenging the award dated 28.2.2011 passed by the Addl. District Judge (Fast Track) No.7 in M.A.C. Case No. 214 of 2009 by which the Tribunal has dismissed the claim petition of the appellant.

(2.) IN the instant case, the appellant-claimant had filed the claim petition seeking compensation for the injuries sustained by him, as a result of the accident occurred on 3.4.2008, when he was walking down on the street and one motorcycle hit him. The FIR in respect of the said accident was lodged at Police Station, Jhotwara which was registered as FIR No. 551 of 2008 on 13.7.2008. According to the appellant, since he was injured and admitted in the hospital till 9.4.2008, there was delay in filing the complaint. It is also the case of the appellant that the concerned police station had refused to register the FIR and therefore the appellant had filed the private complaint before the court of ACJM, Jaipur City, Jaipur, in which the court had directed the police investigation under section 156(3) of Cr.P.C. The Tribunal after considering the evidence on record dismissed the said claim of the appellant- claimant vide the impugned award dated 28.2.2011, against which the present appeal has been filed.