ABDUL KHALEEL Vs. B KRISHNAMURTHY AND ORS

JUDGEMENT

(1.) The petitioner in M.V.C. No. 1885/95 sustained personal injuries in a motor vehicle accident. The Tribunal has awarded compensation of Rs. 1,30,000 with interest at 6% from the date of petition till payment and directed the owner and driver to pay the compensation. The claim against the insurer is dismissed. Hence, the owner is in appeal.

(2.) The petitioner was inmate of the tractor-trailer at the time of accident. The petitioner has categorically stated in his evidence that he was travelling only as a gratuitous passenger. The appellant/owner has cross-examined the petitioner to show that he was employed as a coolie for the purpose of loading and unloading of bricks. Despite the specific question put in this regard to the petitioner, he has categorically denied the same and stated that he is a friend of the owner and to accompany him, he was travelling in the tractor-trailer. The criminal case records are marked at Exts. R-l to R-6. Ext. R-l is the First Information Report. The contents of the First Information Report lodged by the petitioner disclose that the petitioner was travelling in the tractor-trailer for the purpose of loading and unloading of bricks. It is the version of the appellant that bricks were being transported to his land for the purpose of construction of pump-house.

(3.) The Counsel for the appellant, Mr. S.V. Prakash, strenuously contended that the petitioner with evil motive to cause dishonest loss to the owner has deposed falsely that he was travelling as a gratuitous passenger in order to make the appellant to pay the compensation although the tractor-trailer is validly insured with the 2nd respondent.