J U D G M E N T

This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)360/98. The claimant is a barber by profession and he is alleged to have sustained injuries in a motor bike accident. It is submitted that the bike ridden by the 2nd respondent came in a rash and negligent manner hit on him resulting in various compound and comminuted fractures. The Tribunal on appreciation of the materials held that the claimant has not succeeded in proving that he had sustained the injuries and therefore dismissed the claim application.

2. Heard the counsel for all sides and also perused the documents. Ext.A1 is the FIR registered on the strength of Ext.A2 private complaint which was referred to the police under Section 156(3) Cr.P.C. Ext.A3 is a certificate issued by the Excelsior Hospital where there is a mention about a road traffic accident and hit by a bike. The police after due investigation filed a charge sheet also against the rider of the bike. But the Tribunal did not accept these documents nor believed the evidence of PW1 and arrived at a decision that the claimant has not succeeded in proving the accident as alleged by him. The Tribu