P B DESHPANDE Vs. C R LOKESH REDDY

JUDGEMENT

(1.) THIS appeal is directed against the award in MVC No. 1082 of 1989 made by the Motor Accidents claims Tribunal-X, Bangalore, awarding a sum of Rs. 83,000 as compensation for the injury sustained by the appellant-claimant in an accident that had taken place on 1. 12. 1988 at about 5. 45 p. m. in Anadanagar at the junction of the 5th Main Road while appellant was the pillion rider in the scooter bearing No. CAX 8477, which was hit by a jeep bearing No. MYE 7575, resultant effect of which was the injuries sustained by the appellant.

(2.) IT appears that the appellant was a retired Professor and Head of the Department of Chemistry and Soil Science in the university of Agricultural Science College, Hebbal. He has several academic distinctions and is associated member of several important committees. It was his case that driver of the jeep was negligent and the accident in question had occurred. He claimed Rs. 3,86,000 as compensation for the injuries caused to him.

(3.) THE driver of the jeep who was made respondent No. 2 before the trial court has remained absent and was placed ex pane. The respondent No. 3, the insurance company, alone filed objections admitting the validity of the policy issued in favour of the respondent No. 1. Non-joinder of the parties was raised in the objection statement, but the same cured later by the amendment under which they were made respondent nos. 4 to 6. It was further stated in the objection statement that the accident was due to contributory negligence to the extent of 100 per cent by the scooterist and it was not due to negligence of the jeep driver alone.