- (1.) The appellant, aggrieved from the dismissal of the claim petition filed by him, came up in appeal.
(2.) The appellant was injured in a motor vehicle accident on 16.3.1998 and his case was that he was standing with his motor-cycle in front of the shop of Subhash Kabari and was hit by respondent No.1 who was driving scooter No.HR-C2C-3261 in a rash and negligent manner.
(3.) Learned counsel for the appellant argued that the Tribunal failed to consider the fact that initially no action was taken by the appellant against the offending vehicle and its driver because the driver Ramesh Kumar alias Bhagat Singh had promised to pay for his treatment. While appearing as a witness, the appellant categorically spoke about the accident and the fault of respondent No.1. His testimony, however, did not find favour with the Tribunal and it was held that initially when the appellant was examined by Dr. Archna Gupta, he stated that he did not want any medico-legal case and that he had sustained injuries due to his own fault. He, however, refused to sign the statement before the doctor, which was by way of writing Ex.P4 proved by the doctor concerned.;