J U D G M E N T

The injured in O.P.(M.V.) No.2057 of 2009 of the Motor Accidents Claims Tribunal, Ernakulam preferred this appeal. The appellant sustained injuries in a motor accident on 25.12.2008 at 9.15 p.m., while he was travelling as a pillion rider along with 1st respondent in a motor cycle bearing registration No.KL-39/A-2246 from Chakkaraparambu to Pallimukku. When he reached at Chakkaraparambu, the motorcycle skidded off, it went out of the road and overturned. As a result, the appellant sustained serious injuries. He was treated in the Medical Trust Hospital, Ernakulam. In the trial court, the driver of the vehicle was set ex-parte. The insurance company admitted the insurance of the vehicle but filed a written statement contending that the 1st respondent is the brother-in-law of the petitioner. In support of the claim, the appellant was examined as PW1 and his documents were marked as Exts.A1 to A7. The learned Tribunal dismissed the application on the ground that the petitioner failed to prove that the aforesaid vehicle involved in a motor accident.

2. It is true that there is a delay of six months in registering the FIR. The injured filed a complaint before the Judicial