JUDGMENT N.S.Sanjay Gowda, J. - The claimants, being aggrieved by dismissal of the claim application by the Tribunal, is in appeal. 2. The claimant filed a claim for compensation contending that while he was walking on the left side of the road at Shivapura, Maddur Town on 05.02.2008 at about 9.30 a.m., he was hit by a motor cycle bearing registration No.KA-11/J9372. He contended that as a result of the said accident, he sustained grievous injuries to his right ankle and to other parts of his body and was admitted to the General Hospital, Maddur, where he was treated as an inpatient for a period of 15 days. He contended that he was unable to walk properly after the accident and therefore, he was entitled to seek compensation. 3. This claim petition was contested only by the Insurance Company i.e., second respondent. The Insurance Company, as usual, denied the entire averments made in the application. 4. The Tribunal, on consideration of the evidence adduced before it came to the conclusion that the claimant had been unable to establish that an accident had occurred and it was a case of collusion with the Police and therefore, the claim could not be entertained and accordingly, rejected the application in its entirety. 5. Learned counsel for the appellant contended that the medical evidence on record clearly indicated that the claimant had suffered injury on 05.02.2008 and he was examined by the Government Doctor at 10.20 a.m. and a Wound Certificate was also issued as per Ex.P4. He also submits that the name of the Doctor who examined him on 05.02.2018 i.e., Dr. H.R.Santosh has stated that he examined the claimant immediately after the accident and the Doctor has also stated that the claimant could not be treated for his orthopedic injuries at the Government Hospital and therefore, he was sent to private Hospital. Accordingly, this evidence clearly indicated that the accident occurred in the manner stated by the claimant in his claim petition. He also submits that FIR was registered immediately thereafter and filing of charge sheet also proved his case that the accident did occurred on 05.02.2008 and therefore, the Tribunal has committed an error in dismissal of the claim petition. 6. Accordingly, this evidence clearly indicated that the accident occurred in the manner stated by the claimant in his claim petition. He also submits that FIR was registered immediately thereafter and filing of charge sheet also proved his case that the accident did occurred on 05.02.2008 and therefore, the Tribunal has committed an error in dismissal of the claim petition. 6. Learned counsel for the Insurance Company on the other hand, vehemently contended that there was absolutely no credible evidence by which the Tribunal have come to the conclusion that the accident occurred and therefore, the Tribunal had rightly dismissed the application. According to him, the claimant himself was unsure about the time of the accident and he had stated during the course of the cross examination, that the accident occurred at night, whereas, in the claim petition he had indicated that the accident occurred in the morning. According to him, this discrepancy by itself was enough to dismiss the claim petition and the Tribunal has rightly dismissed it. 7. I have considered the submissions of the learned counsel and perused the records. 8. Ex.P4 is the Wound Certificate issued by the Government Hospital at Maddur. The said Wound Certificate states that the claimant was first seen by the doctor at 10.20 a.m. on 05.02.2008 and the Doctor has noted the injuries suffered by the claimant and there is also a noting that he was referred to a higher Hospital due to the injuries found in his right leg, which was grievous in nature. The Doctor who examined the claimant was also examined as PW.2 and was also cross-examined at length. The Doctor stated that he examined the claimant and has made the necessary entry in the Registry and he has also stated that since orthopedic facilities were unavailable at Maddur Hospital, he was referred to a private Hospital. 9. In light of this evidence i.e., the Wound Certificate and the oral evidence of the Doctor who examined the claimant immediately after the accident, in my view, it is clear that the accident had occurred on 05.02.2008 before 10.20 a.m. and the claimant was examined by the Doctor immediately thereafter. These documents i.e., Ex.P4 and the evidence of the Doctor leave no room of doubt that an accident did occur. These documents i.e., Ex.P4 and the evidence of the Doctor leave no room of doubt that an accident did occur. The discrepancies relied upon by the learned counsel for the Insurance Company cannot in any way diminish the value of the evidence adduced by the Doctor. I therefore, hold that the Tribunal has committed an error in coming to the conclusion that no accident took place on 05.02.2008 and I hereby hold that an accident had occurred to the claimant on 05.02.2008 as opined by the Dr. H.R. Santhosh-PW.2. 10. The Tribunal has not gone into the question of entitlement of compensation to the claimants, as it dismissed the claim petition. In view of the above finding the claimant had suffered injuries in the accident the matter will now stand remitted to the Tribunal for assessment of compensation. The appeal is thus allowed and the matter is remitted to the Tribunal to determine the compensation. Sd/- JUDGE NR/-