ARATHY Vs. S M UMESHA

JUDGEMENT

(1.) This appeal is by the claimants. By the impugned judgment dated 18.11.2010, the Tribunal has dismissed the claim of the appellants in MVC No.142/2008 filed for award of compensation for the death of one Umesha in a motor vehicle accident that occurred on 07.01.2008 at about 10 p.m. while he was travelling as a pillion rider on the motorcycle bearing No.KA-11-R-877 on Bengaluru-Mysuru Road, near 'Fun Fort'. The accident was alleged to have occurred due to rash and negligent driving of a car bearing No.KA-03-A-1545. The Tribunal has dismissed the claim on the ground that the claimants have failed to prove that the aforesaid car was involved in the accident.

(2.) I have heard learned Counsel appearing for the appellants, perused the impugned judgment and the record of the Tribunal. Learned Counsel for the appellants submitted that the finding of the Tribunal, that the appellants have failed to prove that the car was involved in the accident, is not based on a proper appreciation of the evidence on record, and, hence, is unsustainable in law.

(3.) The Tribunal has held that the claim was collusive. The accident is stated to have occurred on 07.01.2008 at about 10 p.m. The complaint (Ex.P1) was given to the police on that very night at 12.30 p.m., by one Santhosh Kumar who was working as an Electrician in 'Fun Fort'. The accident occurred opposite to 'Fun Fort'. The said Santhosh Kumar arranged for taking pillion rider and the rider of the motorcycle to a hospital by a goods auto-rickshaw. Both were found dead. Involvement of the aforesaid car is not mentioned in the complaint. In the complaint (Ex.P1), it is stated that the accident might be due to crashing of the motorcycle to the metal guard which was on the side of the road or due to accident by an unknown vehicle.