JUDGMENT :

REKHA BORANA, J.

1. The present appeal has been preferred against the impugned judgment & award dated 18.07.2022 passed by the Motor Accident Claims Tribunal, Makrana, District Nagaur in MAC Case No.104/2014 (CIS No.42/2020) whereby the claim petition as preferred by the injured claimant has been dismissed.

2. The following issues were framed in the present matter :

HINDI IMAGE

3. While deciding issue No.3, in view of the preliminary objections raised by the Insurance Company, the learned Tribunal framed four points for consideration :

HINDI IMAGE

4. The learned Tribunal while elaborately considering the evidence as recorded, specifically concluded that the present is a clear case of subsequent implication of a vehicle. Learned Tribunal took into consideration the fact that the criminal complaint was filed on 21.09.2013 qua the accident which occurred on 21.08.2013 i.e. after a period of one month. Admittedly, in the present matter, the injured suffered only one fracture and qua the same, he was admitted in hospital on 21.08.2013 and was discharged on 28.08.2013. Despite having been discharged on 28.08.2013 and there being only one grievous injury caused to the injured, the com