R.S. Chauhan, J. - (1.) RAM Singh, the claimant -appellant, is aggrieved by the award dated 11.8.2006 passed by the Motor Accident Claims Tribunal (Fast Track), Kotputali, Jaipur whereby the learned Tribunal has dismissed the claim petition filed by him. The brief facts of the case are that on 4.2.2001, the claimant, Ram Singh, was standing near Kotputali Bus Stand. According to him, suddenly a Motorcycle, bearing registration No. HR -34A -1236, being driven rashly and negligently, came and hit him. Consequently, he sustained certain injuries. Therefore, he filed a claim petition before the learned Tribunal. In order to support his case, he examined himself and another witness, Rakesh, and submitted thirteen documents. On the other hand, the insurance company neither examined any person, nor submitted any document. However, after having gone through the oral and documentary evidence, by award dated 11.8.2006, the learned Tribunal dismissed the claim petition. Hence, this appeal before this court.
(2.) THE learned counsel for the appellant has raised the following contentions before this court: firstly, mere delay of five days in lodging the FIR is not such an inordinate delay so as to persuade the learned Tribunal to dismiss the claim petition. Secondly, the documents submitted by the claimant -appellant reveal that he had suffered injuries due to a vehicular accident. Lastly, the Tribunal was not justified in imposing a cost of Rs. 5,000/ - upon the appellant. On the other hand, the learned counsel for the respondent, insurance company, has contended that the appellant did not offer any explanation for the delay of five days in lodging the FIR. Secondly, the learned Tribunal has meticulously examined the entire evidence adduced before it. The appellant's testimony was not corroborated by other witness, namely Rakesh (A.W. 2). In fact, both the testimonies are contradictory to each other. Lastly, the Tribunal was justified in imposing the cost as its valuable time has been wasted by the appellant.
(3.) HEARD the learned counsel for the parties and perused the impugned award.;