MOHIDDINSAB GAFFARSAB KUNDGOL Vs. ROHIDAS HARI KINDALKAR

JUDGEMENT

(1.) The Claimant in Misc. Case No.52 of 1968 on the file of the Motor Accidents Claims Tribunal and District Judge, North Kanara, Karwar, has filed this appeal against the Award, dismissing his claim for Rs.21,711 as compensation in. view of injuries sustained by him in a motor accident.

(2.) The facts of the case are as follows: The appellant is a fruit and vegetable vendor. He had, on 17-10-1968, purchased vegetables and fruits at Huoli and intended to go back to Karwar by a State Transport bus leaving Hubli by about 4 or 4-30 p.m. He missed the bus. A lorry belonging to Respondent 1 and insured with Respondent 2 was beijig driven by one Ramappa the driver of Respondent 1. That lorry was loaded with manganese ore and was to proceed frorn Hubli to Karwar. Ramappa saw the appellant and offered to convey him to Karwar in the lorry. The appellant put his luggage in the body of the lorry and sat alongside the driver in the cabin of the lorry. After the lorry was driven to some distance, Ramappa told the appellant that he was feeling sleepy. He asked the appellant to keep talking with him so that he would be able to keep awake. When Ramappa was dozing, the lorry dashed against another lorry which was stationed on its proper part of the road. The left side mudguard of the lorry in question crashed into the cabin and caused injury to the leg of the appellant. The appellant became unconscious and when he regained consciousness, he found that he was m a hospital and his leg had been amputated.

(3.) The appellant did not make the driver Ramappa a party to the claims petition.