VAIJINATH KARBASAPPA SHARE Vs. BASAWARAJ

JUDGEMENT

(1.) These appeals are heard. MFA No. 30609/2008 is preferred by the claimant and MFA No. 30281/2009 is preferred by the owner of the vehicle, involved in the accident.

(2.) The facts are as follows.

(3.) The Tribunal after examining the evidence on record and taking into account the rival contentions, had proceeded to hold that from the evidence produced by the claimant, the accident had been proved, however, has gone on to hold that it was the common experience of the Tribunal that persons riding motorcycles were generally rash and negligent and since it was head on collision, the contention of the Insurance company that-there was contributory negligence to the extent of 50% on the part of the claimant, had proceeded to fasten the liability to the extent of 50% on the claimant himself and to that effect has reduced the compensation. In so far as the injuries are concerned, the Tribunal has declared that the disability as assessed by the medical practitioner at 55.48% could not be accepted and cannot be believed. Therefore, the evidence of PW. 2 in respect of disability was not accepted. In this fashion it has proceeded to award a global compensation for the fractures at Rs. 60,000/- and towards medical expenses at Rs. 24,322/- and has proceeded to deduct 50% of the same to hold that there was contributory negligence on the part of the claimant hence, he is entitled for a total compensation of only Rs. 42,161/-. The Tribunal has also held that since the driver of the car has not produced a valid driving licence, the Insurance Company would be absolved of the liability and 50% of the liability is imposed on the owner of the vehicle. It is in this background, that the owner of the vehicle is before this Court. In the appeal filed by the owner of the vehicle, an application is filed seeking to produce the driving licence as additional evidence and it is contended that the liability could not be fastened on the owner of the vehicle.