T. MOHAMMED ZAHID Vs. SOFIA ZAKRIA

JUDGEMENT

(1.) THIS appeal is filed against the judgment and award passed by the learned Prl. District Judge & MAT, Dakshina Kannada, Mangalore, dismissing the claim petition filed by the appellant seeking compensation.

(2.) IT is the case of the appellant/claimant that on 3.9.2006 at about 3.30 p.m. when was proceeding as a pillion rider along with one Badruddeen on a motorcycle bearing registration No. KA -19 -V -2234, near Prnathya school in Moodabidri Taluk, the rider of the motorcycle bearing registration No. KA -19 -L -3832 who was proceeding ahead abruptly turned to the right side without giving signal, consequent to which, the said vehicle brushed against the motorcycle on which claimant and another were going, due to the impact, he fell down sustained grievous injuries. As such, claimant filed claim petition before the Tribunal seeking compensation.

(3.) THERE is controversy as to the payment of compensation to the claimant. The Tribunal has not properly considered the issues raised by it. Therefore, I am of the opinion that while retaining the finding of the Tribunal on the issue of negligence, with regard to fastening the liability either on the owner or insurer of the offending vehicle in question and also as to whether the claimant is entitled for compensation, the matter requires reconsideration by the Tribunal.