Y R SHANBHAG Vs. MOHAMMED CAUSE

JUDGEMENT

(1.) The appellant was first respondent in M.V.C. No. 30 of 1976 before the Motor Accidents Claims Tribunal, Uttar Kannada, Karwar and being aggrieved by the award passed in the said case to pay compensation of Rs. 21,552/- to the claimant therein, has filed this appeal.

(2.) The claim petition itself has beenpresented in somewhat unusual circumstances. The very case put forward by the claimant is that he was driving the vehicle bearing registration No. MEW 5144 belonging to the appellant herein on 10-1-1976 (incorrectly mentioned in the course of the petition and judgment as 11-1-1976} and that it met with an accident in between milestone No. 36/3, 36/4 and 36/5 at Subguli and Sunkasal, Ankola Taluk and that the petitioner-claimant was driving the truck at that time in the employment of the owner. Nowhere in the course of the petition, claimant has stated that the vehicle was being driven by anyona else and muchless that it was being driven rashly or negligently. Even in the course of his examination before the Tribunal he has put forward the case that he was driving the vehicle at the time of the accident. After the parties went to trial, the Tribunal has recorded its finding that the petitioner claimant was driving the vehicle at the time of the accident. No attempt could be made by anyone before us also, to dislodge this finding of the Tribunal.

(3.) In view of these undisputed facts,it appears to us, that it is quite unnecessary to refer to any other facts mentioned in the petition and in the objection statement and also dealt extensively by the Tribunal.