NAJMI WAZIRI, J.

MAC.APP. 23/2017 & CM No. 7411/2017

1. The award of compensation for injury suffered by respondent no.1 in a motor vehicle accident has been impugned on the ground that the evidence does not support the liability for the same fixed on the appellant. Referring to the Detailed Accident Report (DAR), the Site Plan of the accident and the evidence filed by the respondent, the learned counsel for the appellant submits that in the first instance, the version of the injured was that he had parked his motorcycle on the side of the road where his friend, who was a pillion rider, had stayed back and the claimant had crossed over to the other side of the road for some work, but on the way back he was hit by the offending motor cycle.

2. The accident happened about two years ago on 01.06.2015 at 9.40 in the morning during the peak traffic rush. The DAR records that: (i) the offending vehicle was not over speeding; (ii) that the victim was taken to the hospital by his friend Mr. Rajiv Kr. Jha; (iii) the brief description of the accident is: the victim was crossing the road when the offending vehicle hit him on the road; (iv) that the accident happened at a place where th