BFFORF v. Whe’thc’t

Judgment

5. Whe’thc’t the Respondent no.3 proves Gun 1? 1 was not possessing a valki and ejiecilve driving license Ic, drive the Goods twit’ wtd as such not liable to pay any amount of compensation? ll7icthcr the Jk’tiflOflt’Y iS E’TltltlC(l for C ()nlJn’TlscUiflni? so. whcu is the quaiuuin and from u’Ito’n among th’ Respondc’nic?

6. What order or award?

4. The claimant In support of Ins case has exammed himself and the doctor who treated him as P.Ws I and flY 2 respectively and has produced 14 documents which cre marked as Ex p 1 to p j Ia respectively Whercas the Insurer of offending vc hide has examined two ot their officials as RW I and RW 2 and has produced 4 tits nillents marked dS E R 1 to R 4 I op’’’i C1 I h’ I rib in ii .Ute. rnil nn HIC i liii! hc ‘.nml and (bib, lii1 111,11 .nla-iu • cit t( ‘ cad ha’. h Ia i’iie ii.’I!, 1 ml) i u e and itt- ii I i tli( 1 I 11€ C 6’ I I 5

Learned Counsel appellant claimant submits that the Tribunal has ommftted an erioi In dismi%sii u the claim j wtirlon. He ,ubmit s, tailiri of the daln’ant while kx1gin complaint to l)OIIC( due to confusion and disturbed state of mind has mentioned the date of accident 17 02.2006 Inst cad

16.02.2006 and in this regard he has given further statement mentioning the correct (late of accident as 1602 2006 The police considering the same and after investigating the complalni have filed charge sheet against the driver of offending autorlekshaw Further. IMV report Ex. p 5 dIscloses front left side indicator of autonc kshaw as damaged which also establishes the accident rhc ic fore, hc pn’s s for allowing hc appeal b) setting aside the tudeement and awa nI of I lic Triln ma) and aJFn (lie claim pe’ition 1w awaidin2 liNt and le c In in. l .qrj,i j flhll%q I f.,t ‘b Jii14tf r .,t th ‘4ti—t,dip V lil• It ‘— ibn.:t iii:jt .ii ( •“1’fla. t tt1. • ; iiaa’i lie ‘Iii (1 1 6 on 16.02.2006 while he was travelling in the goods auto bearing registration No. KA 21 6012 and complaint was lodged by his father foui days after 11w accident and herr is no rcas’u’ for him to 1mw ronfiisioii a disturbed state of mind and mentioned the date of accident as 17.02.2006 in the complaint lodged to the police. In the MIt register extract. Ex. R 1(a) issued by the District Hospital. Chigateri It was mentioned that the claimant had usta1ned injunes in the accident occurred on 16.02.2006 due to fall from motor cycle and therefore the Tribunal has rightly dismlcsed the claim petition and he prays for dismissal of the appeal by confinning the judgement and award passed bit tht Tnbunal $. As pri a’itnnwnts made in pam 22 of tht claim Nt 1 20(X) ‘ di t i A irigol l)a i r (NC r.pi1,’-ti to;’J’— r 4 I,i litirt: Iii c’!).m’t’’1Itb%iI- ‘t’cIfiflC Vt L1.,l i’l’br ‘Vt b 21 ) ii t, t .! If ‘id’ j.? T’ ii’l 1’ ii. 7 as a result he sustained injuries. Complaint was lodged to the police on 20.02.2006 by his father informing the fact of accident. Since, the date of accident was wrongly mentioned as 17-02-2006 hIs father in his further statement has stated the date of accident as

16.02.2006. The Police investigating the complaint have ified charge sheet against the driver of the offending auto as per Ex. P 9. After the accident claimant was admitted to District Hospital, Chigateri, on 16.02.2006. In the MLC register extract of the said hospital at Ex. R 1 Issued by the said hospital cause of injury was shown as fall from motor cycle at 6.15 p.m. near Avaragolla Village and claimant sustained injuries to right side fore arm and lacerated wound over temporal region. As per Ex. R 3 discharge summary issued by City Central Hospital. Davangere claimant was admitted to the said hospital for treatment on

16.02.2006 for the injuries sustained in the RTA occurred on 16.02.2006 at 4.30 p.m. near Avarogolla Village. As per Ex. P 5 IMV report front side left Indicator of the auto in question was damaged. 8

9. AdmIttedly the claimant has not examined any eye witness to the accident establishing his case that he had sustained Injuries In the road traffic accident occurred on 16-02-2006 while he was traveffing In an autorlckshaw bearing registration No.KA-21-6012 due to rash and negligent driving of said auto by its driver. From the evidence on record particularly MLC register extract Ex. R 1, FIR and the charge sheet It Is not clear as to whether Injury sustained by the claimant Is on account of fall from a motor cycle on 16.02.2006 or due to the road traffic accident occurred onl7.02.2006 while he was travelling In the goods auto bearing No. KA 21/6012. Considering the circumstances of the case I deem It just and proper to set aside the Impugned judgment and award passed by the Tribunal and remit the matter to the Tribunal for reconsideration after affording opportunity to the claimant to adduce additional evidence with an opportunity to the Insurer to cross examine the claimant or his witnessess. But it shall be done by directIng the appeliant to compensate the insurer by 9 paying cost of Rs.3,000/- as he unnecessarily made the insurer to go before the Tribunal.

10. Accordingly, appeal is allowed. The judgment and award dated 30.04.2008 passed by the Additional Sessions Judge & Presiding Officer. Fast Track Court-I, Davangere in MVC No. 1009/2006 is set aside. The matter is remitted to the Tribunal for reconsideration after affording opportunities to both parties to lead additional evidence. As the claimant and the insurer of offending auto are already represented before this Court, they are directed to appear beibre the Tribunal on 22.06.20 12 without waiting for any notice from the Thbunal on which date the claimant shall pay cost of Rs.3,000/- to the insurer and also take steps to issue notice to the owner of the auto in question. The Tribunal is directed to dispose of the matter on merits and in accordance with law without being influenced by any of the observations made herein above. AU the contentions of both the parties are left open. 0J 1sooOTS1JJOON -/qA