NARAYAN RAMA CHOUGALE Vs. SHEKHAR SHANKAREPPA KULGOD

JUDGEMENT

(1.) Seeking compensation for the personal injury suffered in a motor vehicle accident on 12/10/2008 at 12.30 p.m., near Karnataka Agro Enterprises on Belgaum-Bagalkot road involving Indica car bearing registration No. KA-49/M-893, the claimant-appellant approached the learned Additional District and Sessions Judge and M.A.C.T., Belagavi (for short "the Tribunal) by filing MVC No.1286/2009, which by judgment and award dtd. 15/7/2010 came to be rejected.

(2.) The clamant in his claim petition at column No.6 mentioned that his monthly income was Rs.3,000.00 which was well within the limit on income of Rs.40,000.00 per year for filing a claim petition under sec. 163A of the Motor Vehicles Act, 1988 ( for short "the Act"). He, thus, had filed a claim petition taking advantage of the said provision which dispensed with proof of negligence on the part of the offending vehicle. However, during evidence, PW1, in his affidavit at paragraph 3, has stated as follows:

(3.) During the cross-examination by the learned counsel for the insurance company (respondent No.2 before the learned Tribunal), he deposed as follows: