The appellant, Mr. C. Balakrishna, is aggrieved by the award dated 2362009, passed by the II Additional Civil Judge (Senior Division), Bangalore Rural District, Bangalore, whereby the learned Tribunal has exonerated the M/s. Cholamandalam General Insurance Company Limited, respondent No.2, from its liability to pay the compensation to the appellant in M.V.C. No.137 of 2004.

2. The brief facts of the case are that on 2612004 at about 7.30 a.m., the appellant was riding a motor cycle, bearing Registration No.KA02 EH1726, on the Bangalore Sarjapura road. At the relevant time, a TVS Moped, bearing Registration No.KA05 EN2542, came

from the opposite direction, being driven rashly and negligently, dashed against the appellant. Consequently, the appellant suffered grievous injuries. He was admitted in the HOSMAT Hospital at Bangalore for a period of five days. Subsequently, the appellant filed a claim petition before the learned Tribunal. In order to support his case, the appellant examined two witnesses, and submitted fortynine documents. The Insurance Company, on the other hand, examined a single witness and submitted four documents. After going through the oral and documentar