C N KRISHNA MURTHY Vs. P SHASHIDHARA MURTHY

JUDGEMENT

(1.) HEARD the learned Counsel for the appellant Sri R. Gopal and Sri h. G. Ramesh, learned Counsel for respondent 4.

(2.) THIS appeal arises from the judgment and award dated 20-6-1988 whereby the Tribunal has rejected the claim petition made by the present appellant on the ground that the claimant has failed to prove that the accident causing injury to him was the result of negligence on the part of the driver of the lorry bearing No. PYX 1956 (Tanker ). According to the facts of the case, it had been pleaded before the Tribunal by the claimant that on 11-6-1983 at about 8. 30 a. m. , petitioner was going from bhadravathi side to Shimoga side on motor cycle bearing No. MES 9604 and when he was passing near Hudco Colony in Nidige village, one lorry bearing No. PYX 1956 came from the hind side of the petitioner in a rash and negligent manner and hit against the motor cycle from the back side. The claimant-petitioner sustained some injuries to his head and so made a claim for compensation to the tune of Rs. 1,25,000/ -.

(3.) ON notice being issued, the respondents appeared and filed written statement denying their liability and alleged that the accident on that day occurred not because of the lorry in question dashing against hind side of the motor cycle of the petitioner, but the motor cycle skidded when the petitioner wanted to take a right turn after overtaking the lorry. The lorry was insured with the United India Insurance Company limited. The Insurance Company contended that the vehicle was not insured with them. The petitioner impleaded the Oriental Fire and General Insurance Company limited as 4th respondent and the policy produced indicate that it was insured with the Oriental Fire and General insurance Company Limited and the risk cover was from 21-12-1983 to 20-12-1984. It has been brought to my notice during the course of arguments the insurance policy was filed by the United India Insurance company Limited also which exhibited that the vehicle was insured with the United India Insurance Company Limited-respondent 3 on the date of accident. The Tribunal on the basis of the pleadings, framed the following issues.