VITTAL RAJAPPA WANGAMUDI Vs. BASNAGOUDA S PATIL

JUDGEMENT

(1.) The claimant is before this Court on appeal challenging the judgment and award dated 29.06.2011, passed in MVC No.1360/2007 by the Prl. Senior Civil Judge and Addl. MACT, Saundatti (for short "the tribunal").

(2.) The tribunal dismissed the claim petition on the ground that the offending vehicle insured by the Insurance Company was not at all involved in the accident as also that there are various discrepancies in the complaint and the records, which have been produced to establish the occurrence of the accident and the involvement of the insured vehicle.

(3.) Miss Deepa Udiyar on behalf of Shri J.S. Shetty, learned counsel for the appellant would submit that when the doctors have themselves accepted that the date mentioned in the case sheet was by mistake and the same was corrected from 6:30 p.m. to 9:30 p.m., the tribunal ought to have considered the case of the claimant that the accident had occurred at 9:30 p.m. and awarded compensation to the claimant. She further submits that the driver of the offending vehicle has been charge-sheeted, such being the case it is established that the vehicle insured by the insurance company was involved in the accident. Therefore the tribunal ought to have awarded compensation to the claimant.