- (1.) THIS appeal has been filed by the appellant-claimant against the judgment and award dated 28.02.2012 whereby his claim petition No.597/2008 was dismissed by the learned Judge, M.A.C.T., Bhilwara.
(2.) THE appellant-claimant filed claim petition claiming compensation for injuries suffered by him in an accident, which took place on 14.05.2008 while he was sitting the Cabin of Boring machine (Motor Vehicle), which was hit by a Truck Turbo (HR-63A- 6446) and on account of said accident, he suffered injuries and thus the claim petition was filed claiming compensation to the tune of Rs.12,00,000/-. The learned Tribunal on the basis of Exhibit-17, Bed Discharge Ticket, issued by the 'Maharana Bhupal Government Hospital, Udaipur', found that the injured-claimant himself has stated before the doctor concerned, who made the Exhibit-17, that the accident had occurred on 13.05.2008 at about 10.00 PM in the night when he was driving his motorcycle, which collided with another motorcycle and he suffered injuries. It is also noted on the said Exhibit-17 that injured made a statement before the said doctor that he does not want any police investigation in the matter even though it was a motor accident case and he should be given appropriate treatment. Thus, disbelieving the version of the claimant-appellant developed by the claimant in the memo of claim petition, and also finding that the FIR was filed on 14.05.2008 at about 10 PM in the night, and investigation whereof was completed in a hurried manner and challan was also filed on 19.05.2008 in which, the claimant himself admitted his guilt. Therefore, the version given for the accident that he was sitting in the cabin of Boring Machine and, which was hit by another Truck in the aforesaid manner was not believable and, hence, the claim petition deserves to be rejected. Having heard learned counsel for the appellant and upon perusal of the reasons given by the learned Tribunal and record produced for perusal of this Court, this Court is satisfied that the learned Tribunal has not committed any error in disbelieving the version given by the claimant about the accident by the Truck. The first version given by him on the basis of which the Bed Ticket (Ex.17) was prepared by the Government Hospital was rightly believed by the learned Tribunal and subsequent version was an afterthought for claiming compensation on false pretexts. Accordingly, the present appeal of the appellant- claimant is found be bereft of any merit and this Court is not inclined to interefere with the findings of facts arrived at by the learned Tribunal. The present appeal is accordingly dismissed. No costs. A copy of this order be sent to the opposite party and learned Tribunal forthwith.;