BASAVAIAH Vs. N S ASHOK KUMAR

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award dated 3.12.1982 made by the Motor Accidents Claims Tribunal-I, Bangalore City in MVC.No. 313 of 1981 on its file, dismissing the claim petition for compensation.

(2.) The relevant facts, giving rise to this appeal, briefly stated, are these: On 18.8.1980, at about 9.30 A.M., the claimant was going in the V Cross and V Main Road, Malleshwaram, when a car bearing registration No. MEB 732 belonging, according to the claimant, to the first respondent in the petition and driven by respondent No. 2 in the petition in a rash and negligent manner, came and dashed against him and he sustained fracture of the neck of the femur. He was treated in the hospital and ultimately he is left with some disability. On these averments, he claimed compensation of Rs. 52,000/- from respondents.

(3.) Respondent No. 2 remained absent. Respondent No. 1 resisted the claim. He contended that he used to park the car on the road nearby the house of Krishnamurthy, his friend and on 18.8.1980, when he went to the spot to clean the car in the morning, he found that the car was missing. He told it to his friend Krishnamurthy and they together went round in search of the car. and ultimately they found the car near Lal Bagh and since the car was in good condition, being halted by the road side, according to him, he brought back the car. He was not aware of any accident till he received notice from the Court. Thus he denied his liability for any accident and he denied his liability for any compensation.