M V SHIVAJI RAO Vs. M L SRINIVASA

JUDGEMENT

(1.) By the impugned Judgment and Award, the Tribunal below has dismissed the claim petition.

(2.) The records reveal that M.S. Bhaskar Rao @ Bhaskar (son of appellant Nos.1 and 2 herein and brother of appellant No.3) lost his life in the accident that occurred on 16.11.2003 at about 6.45 p.m. The deceased M.S. Bhaskar Rao @ Bhaskar was riding motorcycle bearing Registration No.KA 08 H 3883 at about 6.45 p.m. on 16.11.2003 from Bangalore towards Kunigal side on Bangalore-Mangalore National Highway No.48; he was not the owner of the two wheeler; a white Ambassador car driven by its driver collided against M.S. Bhaskar Rao @ Bhaskar's motorcycle from behind, as a result of which deceased M.S. Bhaskar Rao @ Bhaskar sustained multiple fractures and succumbed to the injuries. One Mr. H.N. Govindaraju, who was a passerby lodged the complaint before the Kudur Police Station immediately and the same came to be registered in Crime No.265/2003 for the offences punishable under Sections 279 and 304-A read with Sections 134 and 187 of the Motor Vehicles Act. The complaint discloses that the driver of the Ambassador car was rash and negligent in driving the vehicle, consequent upon which the accident took place. However it needs to be mentioned that the number of the Ambassador car was not noted by the complainant and consequently the Police did not trace the owner and insurer of the Ambassador car. Virtually it is a case of hit and run allegedly committed by the driver of the Ambassador car. The Police after investigation filed the 'C' report inasmuch as they could not trace the owner and driver of the Ambassador car.

(3.) The claim petition came to be dismissed by the Tribunal on the ground that the provisions of Section 163-A of the Motor Vehicles Act do not empower the claimants to claim compensation under the peculiar facts and circumstances of the case. The Tribunal has observed that in the absence of details of the driver, owner and insurer of the Ambassador car and as the claimants have not proved the negligence on the part of the offending vehicle i.e., Ambassador car, compensation cannot be granted. According to the Tribunal, it is a case of the accident being committed by the deceased himself and as there is nothing on record to show as to who caused the accident, the owner and the insurer of the two wheeler cannot be saddled with liability to pay compensation.