BASAYYA S/O HODABASAYYA MATHAPATI Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) APPEAL by a person who claimed that he was a passenger in a KSRTC Bus travelling from Mareguddi in a vehicle bearing No.KA 29/F 656 and further claimed that he got injury on his person due to the bus coming to a halt suddenly when the driver applied breaks; that he fell down from his seat, suffered injuries to his lower back and had been hospitalised, underwent treatment and as he could not lodge a complaint due to hospitalization, though filed a complaint belatedly, nevertheless, the Motor Accidents Claims Tribunal and Fast Track Court-I/II at Bijapur having rejected his petition seeking for damages in MVC No.818/2006 as per its judgment and award dated 30.09.2010, the present appeal by the claimant.

(2.) APPEARING on behalf of the appellant, submission of Sri. R.S. Lagali, learned counsel is that the hospital where the appellant had undergone treatment had registered the case as a medico legal case; that the claimant-appellant had not only deposed himself but also had examined a Doctor to make good the injuries that he had suffered, but nevertheless, the Tribunal has committed an error in dismissing the claim petition and even disbelieving very accident itself.

(3.) A perusal of the impugned judgment and award indicates that the learned Judge of the Tribunal had formulated the question as to whether the claimant was able to prove the so called injury to be a sequel to the rash and negligent manner of the driving of the vehicle by the driver and therefore, the liability on the employer.