VIJAY KUMAR Vs. M B MALLIKARJUNA

JUDGEMENT

(1.) CLAIMANT in MVC No.55/2007 on the file of MACT, Davangere, has come up in this appeal impugning the Judgment dated 13.08.2010 passed therein dismissing his Claim Petition.

(2.) BRIEF facts leading to this appeal are as under: Appellant herein, claimant before the Tribunal contend that on 11.09.2006 at about 1.15 p.m., while he was travelling from Chitradurga in Kashi Vishwanatha Bus bearing No.KA- 17/A- 2871, the driver of the bus on the way near Bhavihal Village requested the claimant to check the left wheel of the bus. Accordingly the claimant got down to check the wheel. At that time, the driver, respondent No.3 before the Tribunal drove the bus in a negligent manner resulting in the tyre of the bus running over claimant and he sustaining injuries all over the body. It is his case that immediately he was shifted to Bapuji Hospital, Davangere, where he was treated as inpatient from 11.09.2006 and subsequently he was shifted to C.G. Hospital, Davangere, wherein he took treatment from 12.09.2006 to 12.10.2006. It is also his case that he has spent a sum of Rs.70,000/- towards medical treatment and he is still under treatment. The claimant further contend that prior to accident he was hale and healthy and was earning Rs,4,000/- per month by doing the work of bus cleaner, due to accident he is totally disabled and he has sought for compensation in a sum of Rs.6,00,000/- payable by the respondent Nos. 1 and 2 jointly and severally.

(3.) THE Tribunal on appreciation of pleadings, oral and documentary evidence available on record, has come to the conclusion that the claim is false and frivolous. It is observed by the Tribunal that the claimant while getting admitted into the hospital, has given a statement before the doctor, P.W.2 that he fell from a bullock cart resulting in injuries, which he has suffered as observed by the said doctor. Subsequently it appears that the claimant putforth a different story that he was a cleaner in Kashi Vishwanatha Bus bearing No.KA17/A-2871 on a monthly salary of Rs.4,000/- and on the relevant date at about 3.30 p.m., near Bhavihal Village the driver of the bus requested him to get down and check the left wheel of the bus and at that time the accident took place.