IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT M.F.A NO.9433 OF 2018 (MVC) BETWEEN:
MR. MOHAMMAD ASHFAK, S/O MOHAMMAD HANEEF, AGED ABOUT 22 YEARS, R/AT DOOR NO.2-313/5, MANIMAJALU HOUSE GOLTHAMAJALU VILLAGE KALLADKA POST, BANTWAL TALUK, D.K.DISTRICT PIN -574 222. …APPELLANT (BY SRI. G.RAVISHANKAR SHASTRY, ADVOCATE) AND:
1. MR. MOHAMMED HAIDAR, S/O ISUBU BEARY, MAJOR R/AT PANJODI HOUSE, MOODUPADUKODI POST & VILLAGE, BANTWAL TALUK, D.K.DISTRICT, PIN-574 222.
2. IFFCO TOKIO GENERAL INSUANCE CO. LTD., SHASHI KIRAN BUILDING, 1ST FLOOR, SHANKARMUTTA ROAD, MYSORE, REPRESENTED BY ITS BRANCH MANAGER PIN -570 001 . …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:24.09.2018 PASSED IN MVC NO.1057/2014 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & MACT, MANGALURU, D.K., DISMISSING THE CLAIM PETITION FOR COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT This Appeal by the claimant lays a challenge to the judgment and award dated 24.09.2018 made by the MACT, Mangaluru, D.K., whereby the claim Petition in MVC No.1057/2014 has been negatived.
2. Having heard the learned counsel for the appellant-claimant and having perused the Appeal Papers, this Court does not grant indulgence in the matter since the findings recorded by the MACT as to the authenticity of the version emerging from the claimant’s side cannot be faltered.
3. No explanation is offered by the claimant as to why the Medico Legal Case was not registered immediately when he was admitted to the hospital soon after the accident; the explanation now sought to be offered that the rider of the offending motor bike happens to be the uncle of the claimant apart from being not plausible, strengthens the doubt that arises from the stand of the claimant’s side.
In the above circumstances, the appeal is rejected, in limine.
Sd/- JUDGE DS