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Judgment
N. Ananda, J.—The Tribunal has dismissed claim petition. Therefore, claimants are before this court. I have heard learned counsel for claimants.
The claimants are the parents of deceased H.G. Kumar, who according to averments of claim petition died in a motor vehicle accident that took place at about 1.30 p.m., on 07.03.2007 at Navile Gate. It is the case of claimants that deceased was travelling as a pillion rider of motorcycle bearing No. KA-13-R-5865, ridden by one Nagesh. When they were proceeding on the bridge near Navile Gate, rider of motorcycle has ridden motorcycle in a rash and negligent manner and dashed against a bicycle, ridden by one Basavaraju. One Pramod was the pillion rider of bicycle. The rider of motorcycle by name Nagesh suffered injuries. The deceased was shifted to Sanjay Gandhi Accident Hospital & Research Institute at Bangalore. He succumbed to injuries on 22.03.2007. The first information relating to accident was lodged on 17.03.2007.
The II respondent-Insurance Company contested claim petition and denied involvement of insured vehicle in accident and took up a specific contention that deceased was riding two wheeler along with pillion rider and fell off bridge near Navile Gate, Tiptur and suffered injuries. The accident was caused due to rash and negligent riding of motorcycle by deceased. In the circumstances, Insurance Company is not liable to pay compensation.
The claimants have relied on oral evidence of I-claimant and also evidence of Basavaraju (alleged rider of bicycle). After the accident, claimant was treated in Sanjay Gandhi Accident Hospital & Research Institute at Bangalore. As per medical records maintained in Sanjay Gandhi Accident Hospital & Research Institute at Bangalore, in the column of history of injury, it is stated that "RTA, the two wheeler on which the patient (deceased) was pillion riding fell off the bridge near Navilekere Gate, Tiptur on 07.03.07 at 2.00 p.m." and suffered injuries. In the case sheet marked as Ex. P. 165 in MVC No. 214/2008, it is stated that "history of RTA on 07.03.07 in Tiptur and claimant in MVC No. 214/2008 was pillion rider.
It is interesting to notice that claimants in MVC No. 179/2007 have contended that deceased was the pillion rider of motorcycle. On the other hand, claimant in MVC No. 214/2008 namely Pramod has contended that motorcycle was ridden by Nagesh. This document marked as Ex. P. 165 would reveal that said Nagesh suffered injuries when motorcycle ridden by him fell off bridge near Navilekere Gate. Above all, there was inordinate delay of 10 days in filing the first information.
The Tribunal on critical analysis of evidence on record has held that deceased was riding motorcycle bearing No. KA-13-R-5865. Due to rash and negligent riding of motorcycle by deceased, motorcycle fell off bridge near Navilekere Gate and deceased suffered injuries. He was admitted and treated in Sanjay Gandhi Accident Hospital & Research Institute at Bangalore, however he could not be saved. In the circumstances, Tribunal has rightly dismissed the claim petition. There are no grounds to interfere with the impugned judgment. In the result, I pass the following:-
ORDER
The appeal is dismissed.