IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT MFA No.6601 OF 2018 (MV) BETWEEN ROBERT LEWIS PINTO S/O. LEWIS PINTO AGED ABOUT 49 YEARS R/AT SHANTHIPURA PAMBOOR, SHIRVA UDUPI TALUK AND DISTRICT-576 101 ... APPELLANT (BY SRI SRIKANTH N.V. FOR SRI. SACHIN B.S., ADVOCATE) AND 1. JOSEPH LOBO S/O ROCKY LOBO R/A LOBO HOUSE MATTAR SHIRVA VILLAGE UDUPI TALUK AND DISTRICT-576 101 2. THE NEW INDIA ASSURANCE CO. LTD. REP. BY ITS DIVISIONAL MANAGER 2ND FLOOR, SRI RAM ARCADE OPPOSITE HEAD POST OFFICE UDUPI – 576 101. ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:07.03.2018 PASSED IN MVC NO.339/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & ADDITIONAL MACT, UDUPI, DISMISSING THE CLAIM PETITION FOR OCMPENSATION.
THIS MFA COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
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JUDGMENT This appeal by the claimant lays a challenge to the judgment & award dated 07.03.2018 whereby the Additional MACT, Udupi having rejected the claim petition in MVC No.339/2015, disbelieving the version of the claimant about the alleged accident inasmuch as the FIR was lodged 85 days after the incident with no plausible explanation for the delay.
2. The other reason given by the MACT is that at the earliest point of time when the claimant was admitted to hospital, it was mentioned in the medical records that the injuries sustained by the claimant was “due to fall from the Bike”. Even this aspect of the matter has been duly considered by the MACT in its wisdom.
3. There is absolutely no case made out for taking a different view in the matter and therefore this Appeal is rejected.
The application in I.A.No.1/2018 pales into insignificance.
Sd/- JUDGE KTY