MAHADEVI SHRISHAIL KORE Vs. SHIVAPUTRA RAMAPPA SHIVASHARAN

JUDGEMENT

(1.) This is a claimants' appeal calling in question the correctness of the judgment dated 31.03.2016 in MVC No.1823/2013 by the learned IV Addl. District & Sessions Judge & MACT No.XIII, Vijayapura.

(2.) Brief facts of the case as emerging from the claim petition are that on 29.03.2013 between 8.00 p.m. and 9.00 p.m., while deceased Shrishail Kore was riding motorcycle bearing registration No.MH-45/C-1832 towards Achakanahalli, a Tata Indica car bearing registration No.KA-28-M-5389 came in a rash and negligent manner and dashed to the motorcycle and on account of the same, Shrishail Kore died due to impact injuries. The claim petition filed by his dependents came to be dismissed by the impugned judgment by the learned MACT which disbelieved the involvement of the offending vehicle in causing the accident.

(3.) Learned counsel for the appellants Sri Babu H.Metagudda strenuously contended that the learned Tribunal in dismissing the claim petition has totally overlooked the material evidence produced before the Court and therefore the impugned judgment is unsustainable. He further contended that suggestion put to PW.2 on behalf of the Insurance Company shows that the respondents had not seriously questioned the involvement of the vehicle in causing the accident. He submitted that since the charge sheet was filed after investigation by an independent agency like the police against the offending vehicle, insurance company having not challenged it before the competent authority, cannot question the finding in the same and therefore it has to be held that the offending vehicle was involved in the accident. He further contended that from a comprehensive reading of the evidence, it is crystal clear that the offending vehicle was very much involved in causing the accident and therefore the finding of the learned Tribunal is liable to be set aside and the matter needs to be remanded to the Tribunal for fresh consideration.