D S REKHT Vs. SHIVARATHRI RAJENDRA SWAMIJI

JUDGEMENT

(1.) This appeal under S.110D of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'Act'), is from a judgment of the Motor Accidents Claims Tribunal, Dharwar, (hereinafter referred to as the 'Tribunal') awarding compensation for bodily injury and for damage to a car in an automobile accident.

(2.) Most of the material facts are not in dispute. On 28-6-1971 the respondent was travelling in his car on Bangalore-Poona road. A lorry belonging to appellant-] collided against the car at a place about 4 miles from Haveri. As a result of the accident. the respondent sustained bodily injury and his car was damaged beyond repair.

(3.) On an application under S.110A of the Act, the Tribunal held that the accident was due to negligence of the driver of the lorry and awarded a compensation of Rs 1.000 for the bodily injuries sustained by the respondent and a compensation of Rs. 10,000 for damage to his car. The owner of the lorry and the insurance company with which the lorry "was insured, have preferred this appeal.