M SHIVAMURTHY Vs. MALLAIAH

JUDGEMENT

(1.) THIS is an appeal by the claimant who had suffered extensive injuries in a motor accident involving a Government vehicle and whose claim petition before the Tribunal has been dismissed in limine on the premise that the claimant-appellant was not able to identify or establish the vehicle involved in the accident or link up the vehicle belonging to the respondent as the vehicle involved in the accident.

(2.) THE aggrieved claimant is in appeal before us. The brief facts leading to the above appeal are that the claimant was a pillion rider on motor cycle bearing registration No. MEB 7279 owned and ridden by his friend one Krishnappa and they were travelling on the said motor cycle on 20. 5. 1991 from their village to Kollegal and while they were at Sathyagala on the kollegal-Bangalore Road, a jeep bearing registration No. CAG 403 which was driven in a rash and negligent manner, came and dashed against the motor cycle as a result of which impact, the claimant and the other person on the motor cycle suffered injuries. The claim petition is only by the present claimant, who, it appears, had suffered serious injuries, namely, fracture of the right leg and other bruises and injuries.

(3.) THE injured was shifted to the hospital at Kollegal by his friend Krishnappa by taking him in a bus. The treatment and facilities being inadequate, was in turn shifted to J. S. S. Hospital at Mysore where he was inpatient for about 45 days.