HANUMANTHAPPA Vs. GANAPATHI R KINI

JUDGEMENT

(1.) DISMISSAL of the claim petition filed by the owner of the goods vehicle no. KA-27/2694 (the appellant herein)is the cause for this appeal.

(2.) THE Claims Tribunal Ranebennur, dismissed the appellant's claim petition for compensation following the damage caused to his vehicle, mainly on the ground that the appellant can take the recourse to Civil Court by filing an original suit against the insurer of his vehicle and it is this finding of the Tribunal that is called in question.

(3.) LEARNED counsel for the appellant submitted that in the accident that occurred on 5-2-1998, his vehicle was damaged and he sought compensation from his insurer in a sum of Rs. 2,50,000/-, but his insurer paid him only rs. 60. 000/- and hence, the appellant was constrained to move the Claims Tribunal claiming the balance compensation from the owner and insurer of the other vehicle which was involved in the accident. Therefore, the claims Tribunal could not have dismissed the claim petition and the appellant is entitled to recover the balance compensation from the owner and insurer of the other vehicle i. e. , ka-25/8366 and the reasoning of the Tribunal that the appellant has to seek his remedy by filing an original suit is totally erroneous and unsustainable in law.