This appeal is preferred by the claimant being

aggrieved by the dismissal of his claim petition by Motor

Accident Claims Tribunal and Senior Civil Judge, Khanapur

(for short ‘the Tribunal’) in MVC.No.2112/2011 dated

01.10.2013.

Though the matter is listed for admission, it is

taken up for final disposal with consent of both parties.

3. Parties to the appeal shall be referred to as per

their status before the Tribunal.

4. Brief facts of the case are as under:

On 05.04.2011, at about 7.00 p.m. on Khanapur-

Nandgad road, near Lalwadi, first respondent-driver of the

Jeep bearing registration No.KA-22/B-2581, owned by the

2^nd respondent and insured by the 3^rd respondent, drove

the vehicle in a high speed, rash and negligent manner

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and dashed against the backside of Luna of the claimant

bearing registration No.KA-22/Y-9609 ridden by the

claimant himself, due to the accident, claimant sustained

grievous injurious fracture and injuries to other parts of

his body. In view of accident having occurred due to the

rash and negligent driving by the driver of offending

vehicle and injuries having been suffered; the claimant

preferred claim petition seeking compensation against

respondents.

5. On service of notice, respondent Nos.1 and 2, the

driver as well as owner of the offending vehicle/Jeep

remained absent and placed exparte. The 3^rd respondent-

Insurer filed statement of objections inter alia denying all

contentions made by the claimant in the claim petition and

infact took up the plea that the claim petition is not

maintainable on several grounds urged therein.

6. On the basis of pleadings, the Tribunal has

framed relevant issues for consideration.

7. In order to substantiate the issues and to

establish the case, the claimant got examined himself as

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PW.1 and got marked documents as Exs.P1 to P11.

Whereas, no evidence came to be adduced by the

contesting respondent-Insurer and no documents were

also marked.

8. On the basis of material evidence both oral and

documentary, the Tribunal being not satisfied with the

case made out by the claimant dismissed the claim

petition as there was no involvement of the vehicle alleged

to have caused the accident.

9. Being aggrieved by the dismissal of the claim

petition, appellant-claimant has preferred this appeal

challenging the legality and correctness of the same.

10. It is the vehement contention of learned counsel

for the appellant-claimant that the Judgment and Award

passed by the Tribunal is erroneous and contrary to the

material evidence placed on record and hence the same is

flawed. It is further contended by learned counsel that FIR

has been registered on the very next day i.e., 06.04.2011

by the Hamal/Cleaner, who was traveling along with the

driver of offending vehicle, respondent No.1 herein and

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that there is absolutely no delay in registering the FIR. A

delay of one day would be no delay in view of the fact that

claimant himself was admitted in the hospital having

suffered fractures. Learned counsel further contends that

the Wound Certificate has been produced as per Ex.P.5,

which clearly discloses the injuries suffered by the

claimant, thereby showing that the claimant had suffered

injuries due to the road traffic accident caused by the 1^st

respondent. He further contends that as per Ex.P.4-MVI

report clearly depicts certain damages which have been

caused to his motorcycle due to the impact of the

offending vehicle-Jeep. It is not necessary that on the

impact of the Jeep from behind, motorcycle of the

claimant should necessarily sustain damages on the hind

portion. It is obvious on perusal of the Ex.P.4 that

damages are sustained to the vehicle on the front portion

and the right side of the front portion of the vehicle, which

itself be sufficient to hold that offending vehicle was

involved in causing the accident to the motorcycle of the

claimant.

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11. Learned counsel further contends that he was

admitted in the Hospital from 05.04.2011 to 11.04.2011.

Therefore, the fact th