Y. RUDRAPPA Vs. RAVIKUMAR

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 13th December 2013, passed in MVC No. 18/2010, by the Senior Civil Judge, Motor Accident Claims Tribunal -IX, Harapanahalli, (for short, 'Tribunal'), for awarding reasonable compensation on the ground that, the Tribunal is not justified in dismissing the claim petition.

(2.) THE appellant claims to be aged about 50 years and hale and healthy prior to the date of accident. It is the case of the appellant that he met with an accident at about 3:30 A.M. on 15 -06 -2008 when he was returning from Huvinahadagali towards Harapanhalli on his motor cycle bearing Registration No. KA -35/G -3873, near Adidurgamma temple, Harapanahalli, on account of rash and negligent driving by the driver of Maruthi Car bearing Registration No. KA -24/M -643, which was coming from Harapanahalli towards Huvinahadagalli. Due to the impact, the appellant sustained grievous injuries and was immediately shifted to Government General Hospital, Harapanahalli and later shifted to City Central Hospital, DaCaragere, where he was treated as inpatient from 15 -06 -2008 till 04 -08 -2008.

(3.) THE submission of the learned counsel appearing for appellant at the outset is that, the Tribunal has committed a grave error, resulting in serious miscarriage of justice inasmuch as it has dismissed the claim petition filed by the appellant on hyper technical grounds, stating that the appellant himself has admitted in his statement in IMV report that the accident occurred due to his negligence. Mere admission by the injured appellant does not take away the legitimate entitlement of compensation by the appellant, for the grievous injuries sustained by him in the road traffic accident, for the reason that the appellant has produced the wound Certificate at Ex. P4, in order to prove the nature of injuries sustained by him and also the medical bills at Exs. P7 to 104 and also Ex. P105 -discharge summary to show that he took treatment for the said injuries in the Hospital.