JAGADEESH ALIAS KOPPADA JAGADEESH Vs. KAMPALAPPA

JUDGEMENT

(1.) THE judgment and award dated 31st August 2013 in M.V.C.No.320/2012 passed by the Principal Civil Judge (Sr.Dn.) & Addl.M.A.C.T. -III, Chitradurga, is under challenge in this appeal.

(2.) THE appellant herein filed a petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs.50,00,000/ - on account of the injuries sustained by him in a road traffic accident that occurred on 25.1.2010 at about 10.30 p.m.; while he was proceeding on Bajaj Pulsar Motor Cycle bearing registration No.KA -14/U -3015 from Davangere towards Jagalur; near Devikere village, the offending vehicle Ape Goods Auto Rickshaw bearing registration No.KA -17/A -4261 driven by its driver in a high speed rashly and negligently dashed his motor bike; resultantly, he sustained grievous injuries and has spent more than Rs.5 lakhs for his treatment.

(3.) SRI .A.L.Prem Kumar, learned Counsel appearing for the claimant/appellant submits that, the jurisdictional Police had filed charge sheet against the driver of the auto rickshaw for the offence punishable under Sections 279, 338 read with Section 187 of I.M.V. Act. The material collected by the Investigating officer during the course of investigation unequivocally establish that the accident was caused due to rash and negligent act of the driver of the auto rickshaw. The Tribunal was in error in disbelieving the very occurrence of the accident, for the delay of 12 hours in lodging the complaint. In fact, the accident occurred at 10.30 p.m. in a remote village; because of the grievous injuries, the appellant was shifted to the hospital for immediate medical treatment. The hospital had sent intimation to the jurisdictional Police and the investigating authority recorded his statement in the hospital. After thorough investigation, the police have charge sheeted the driver of the auto rickshaw. Without proper appreciation of evidentiary material, the Tribunal arbitrarily non -suited the appellant and the impugned award is liable to be set aside and appropriate compensation be awarded considering the oral and documentary evidence placed by the appellant before the Tribunal.