J U D G M E N T

In this appeal, the appellant has challenged the judgment dated 20.12.2012 passed in M.V.C.No.4504/2010 on the file of the M.A.C.T. & XXI Addl.Small Causes, Bangalore (SCCH-XXIII)

('the Tribunal' in short).

2. Briefly stated, the facts are that, on

26.05.2010, the appellant was riding the motor cycle bearing No.KA-05/EP-5198 along with one Ramesh as a pillion rider. When they reached Shanimahathma temple near Chikkalasandra on Subramanyapura Main Road from Padmanabhanagar side, a Hero Honda motor cycle bearing No.KA- 03/EN-999 came in a rash and negligent manner and dashed against the motor cycle of the appellant causing him severe head injury. He was admitted to Maharaja Agrasen Hospital, referred to NIMHANS, Bangalore where he was treated as inpatient till 28.05.2010 and thereafter under hospitalization at Vinayaka Hospital till 03.06.2010. Seeking compensation, he has approached the Tribunal, the claim was opposed by the respondents, the Tribunal after collecting the evidence passed the impugned order dismissing the claim petition. Aggrieved by the same, the appellant is before this court.

3. The appellant urged that the Tribunal is erred in dismissing his claim thou