JUDGMENT 1. - The appellant claimant, Bittu, is aggrieved by award dated 8.10.2009 passed by the Motor Accident Claims Tribunal, Kishangarhbas (Alwar) whereby the learned Tribunal has dismissed the Claim Petition filed by the appellant. 2. Briefly, the facts of the case are that on 15.6.2007, around 5:30pm, the appellant was walking on the road in order to reach his field. While he was walking, a motorcycle, bearing registration No.RJ-02-SC 7527, being driven rashly and negligently, came and hit him. Consequently, the appellant suffered a fracture of his backbone, and also suffered other grievous injuries. Initially he was hospitalised at Khairthal, but subsequently he was referred to S.M.S. Hospital at Jaipur. Since the appellant had suffered injuries due to a vehicular accident, he filed a claim petition before the learned Tribunal. In order to buttress his claim, the appellant examined three witnesses, including himself, and submitted a few documents. The respondent Insurance Company neither examined any witness, nor submitted any document. However, after going through the oral and documentary evidence, the learned Tribunal dismissed the appellant's claim petition. Hence this appeal before this Court. 3. The learned counsel for the appellant has raised the following contentions before this Court : firstly that mere delay in filing the FIR, is not fatal to the case of the claimant, especially when the delay has been explained by the claimant. According to the appellant since he was hospitalised at Jaipur for about two months, he could not lodge the FIR. Subsequently, it is his brother who had to file a criminal complaint before the concerned Magistrate. It is only after the Magistrate had sent the complaint for further investigation under Section 156(3) Cr.P.C. that a formal FIR was lodged. Hence the delay has been explained by the appellant. Secondly, that after investigating the case, the police has already filed a charge-sheet against the accused persons. Thirdly, that according to the permanent disability certificate (Exhibit 98A), the appellant had suffered 10% of disability. Lastly, that merely because the permanent disability certificate has been recorded incorrectly by the doctor, the appellant cannot be made to suffer for the same. Thus, the learned Tribunal is unjustified in dismissing the appellant's claim petition. 4. Heard the learned counsel for the appellant, and perused the impugned award. 5. Lastly, that merely because the permanent disability certificate has been recorded incorrectly by the doctor, the appellant cannot be made to suffer for the same. Thus, the learned Tribunal is unjustified in dismissing the appellant's claim petition. 4. Heard the learned counsel for the appellant, and perused the impugned award. 5. It is, indeed, trite to state that the Tribunal is not expected to accept the case of the claimant as gospel truth. In fact, the Tribunal is expected to separate the wheat from the chaff. Thus, it is but expected of the Tribunal to correctly analyse the evidence submitted before it. It is only after analysis that the Tribunal is expected to reach a judicious decision. 6. A bare perusal of the impugned award clearly reveals that the learned Tribunal has noticed the fact that although the alleged accident took place on 15.6.2007, the FIR was not registered till 3.9.2007. It has also noticed the fact that the criminal complaint was not filed by the appellant, but was filed by his brother, Billu. It has further noticed the fact that according to the discharge certificate issued by the S.M.S. Hospital, appellant had stayed in the hospital merely for 18 days. Thus, the appellant is certainly unjustified in claiming that the criminal complaint could not be lodged by him as he was hospitalised in S.M.S. Hospital for about two months. Moreover, the criminal complaint was not filed by the appellant himself, but was filed by his brother. Thus, there is no justification for the delay in filing of the criminal complaint by the brother. Since there is no cogent explanation for the delay a question-mark is bound to arise in the mind of the Tribunal with regard to the authenticity of the accident. 7. The learned Tribunal has also noticed the fact that the ownership of the offending vehicle is also under doubt. On the one hand, according to the Registration Certificate of the offending motorcycle, the same was registered in the name of Kumari Suman. Yet in the claim petition it was claimed that Mr. Krishna Kumar Saini, is the power of attorney holder. How the motorcycle and on whose consent the motorcycle was being driven by Hukum Chand at the time of the accident, is absolutely unclear. Yet in the claim petition it was claimed that Mr. Krishna Kumar Saini, is the power of attorney holder. How the motorcycle and on whose consent the motorcycle was being driven by Hukum Chand at the time of the accident, is absolutely unclear. Thus, the learned Tribunal was justified in concluding that there seems to be some collusion between the appellant and the alleged owner of the offending motorcycle. 8. The learned Tribunal has also noticed the fact that in the permanent disability certificate (Exhibit 98A), the doctor has not noticed and has not marked any identification mark on the body of the appellant. Instead, he has merely proceeded to record the disability certificate on the basis of photograph of the appellant. 9. Merely because the disability certificate claims that the appellant has suffered a disability of 10%, in the absence of the fact whether the disability is result of an injury caused by a vehicular accident, the existence of the certificate cannot lead to a presumption in law that the injury was actually caused in a vehicular accident. Therefore, the contention raised by the learned counsel that the mere existence of a disability certificate is sufficient to prove the case of vehicular accident, is highly misplaced. 10. For the reasons stated above, this Court does not find any illegality or perversity in the impugned award. This appeal being devoid of any merit, is hereby dismissed.Appeal dismissed. *******