BASEER AHMED Vs. ABDULRAZAK

JUDGEMENT

(1.) These are the appeals filed by the appellant-owner under Section 173(1) of the M.V. Act, seeking setting aside of the Judgment and award passed by the Civil Judge (Sr. Dn.) and Member, Addl. MACT, Hangal, in MVC Nos.75/2009, 78/2009, 80/2009, 79/2009, 77/2009 & 76/2009 by its common Judgment dated 14.12.2009.

(2.) In his memorandum of appeals, the appellant has taken a contention that the Tribunal below has not given him sufficient opportunity to cross-examine the witnesses and it has not given proper reasoning while allowing the claim petitions. He has further stated that the Tribunal below failed to notice that the accident in question has not occurred due to the rash and negligent driving of the Tractor, but by dislodging of the hook of the trailor, which is a mechanical defect. He has further stated that awarding a global compensation of a huge sum for simple injuries is also un-reasonable. With this he has prayed for setting aside the common judgment and award under these appeals.

(3.) On notice being issued, respondent No.2 driver in all these appeals is served and unrepresented. Respondent No.1 is being represented by his counsel in MFA No.20678/2010, MFA No.20679/2010, MFA No.20680/2010 & MFA No.20682/2010, served and unrepreseted in MFA No.23379/2010 and MFA No.23380/2010.