BALKRISHNA Vs. SHAKUNTALA

JUDGEMENT

(1.) The owner of the offending vehicle is before this court questioning the quantum granted to the family of the victim in an accident that took place on 20.7.1996 involving the lorry bearing No. MYJ 3150.

(2.) The lorry turned turtle due to which the deceased Rajashekar travelling in the lorry fell down. The Tribunal held negligence on the part of the lorry driver.

(3.) Sri. K. Appa Rao appearing for the appellant submitted that eye witness P.W. 1 was not examined in the Criminal proceeding nor could his evidence be believed. Though there is some substance in the submission so made, I find the factum of lorry turtling is not in dispute and the deceased found under the lorry is not in dispute. Applying the principle of res -ipsa loquitur the negligence on the part of the lorry driver is presumed. It is also significant to point out that the driver was not examined to speak contra. Consequently, the finding on negligence is confirmed.