MARIYAPPA Vs. SURESH S/O VENKATA GOWDA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the Motor Accidents Claims Tribunal, Bengaluru, ('Tribunal' for short) in MVC No. 9400/2009.

(2.) Briefly stated the facts are that the appellant while traveling as a passenger in an autorikshaw bearing registration No.KA-04 A-8421 on 22.08.2009 met with the road traffic accident due to the collision of the said autorikshaw with another autorikshaw bearing registration No. KA-03-B-0382. The appellant had suffered grievous injuries and said to have been incurred huge medical expenses. The claim petition filed on these grounds claiming compensation for the injuries sustained, came to be rejected by the Tribunal. Being aggrieved, the appellant is before this court.

(3.) Sri. Shams Ahmed Pathan, the learned counsel appearing for the appellant assailing the impugned judgment and award would contend that the appellant filed the claim petition alleging composite negligence of drivers of both the vehicles autorikshaws, as he was a passenger of one of the autorikshaw; the Tribunal failed to appreciate the composite negligence pleaded by the appellant. The learned counsel would further contend, dismissing of the claim petition without addressing the contentions of composite negligence is perverse and accordingly he seeks to set aside the impugned judgment and order.