ARJUN APPAYYA MELAVANKI Vs. SIDDAPPA SHANKAR PUJERI

JUDGEMENT

(1.) This appeal is filed by the appellant under Sec. 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award passed by the Principal Civil Judge (Sr.Dn) and Additional Motor Accident Claims Tribunal (for shot 'the Tribunal), Gokak, in M.V.C.No. 2502/2007 dated 03.08.2009 praying for setting aside the said judgment and award and allowing his claim petition as prayed in it.

(2.) The appellant, in his memorandum of appeal has taken a contention that the Tribunal erred in not considering that the non-mentioning of the correct number of the vehicle in the complaint and other police papers would not disentitle him from claiming the compensation. The Tribunal further erred in not considering that the statement and contents of the FIR as well as the case dairy are not substantial evidence and the same cannot be a basis for disbelieving the accident. With this, he has prayed for enhancement of compensation.

(3.) On notice being issued, respondent No.2-Insurance Company is being represented by its counsel Sri Nagaraj C. Kollori. Respondent No.1 is served and unrepresented. The records of Tribunal below were called for and the same are placed before me.