VINOD GOEL, J.

1. The appellant has assailed the judgment passed by MM (South) 05, Saket Courts, New Delhi dated 10.03.2016 vide FIR No.490/2008 by which respondent no.2 was acquitted for the offences under Section 279 & 338 of the Indian Penal Code, 1860 (in short “IPC”).

2. As per the appellant’s case, on 04.10.2008 at about 10:30 AM the respondent no.2 was driving his Maruti Swift car bearing registration no. DL-7CH-1399 in a rash and negligent manner near Vipin Malik Farm House, Satwari, Mehrauli on the wrong side of the road which resulted in a collision of his motorcycle bearing registration no. DL-5SS-7568 with respondent no.2’s car. It is alleged that the respondent no.2 was playing loud music in his car.

3. The appellant claims that subsequent to the collision he lost consciousness for 4-5 minutes and when he regained consciousness, he noticed that some guards had picked him up and laid him on one side of the road and called the police. Respondent no.2 was also present on the spot and his car was badly damaged. The appellant was then shifted to the AIIMS Trauma Centre in a CAT van which was called by the Police. The appellant suffered fractures in his right leg femu