M SUBRAMANYA BHAT Vs. GOVINDARAJ

JUDGEMENT

(1.) THIS is a claimant's appeal instituted under s. 110D of the Motor Vehicles Act, 1939 (to be hereinafter referred to as the 'Act') against the judgment and award dated January 19, 1976, in M.C. (MVC) No. 106 of 1974 passed by the Claims Tribunal, Mangalore, dismissing the petition for payment of compensation for the injury sustained by the appellant in a motor accident.

(2.) IT is the case of the claimant that when he was going on the right side of the road near Jyothi Garage, Bunder, Mangalore, at about 2.30 p.m. on April 22, 1974, a lorry bearing No. MYG 5704 came from the opposite direction driven in a rash and negligent manner and caused the accident resulting in injuries to his left foot and left side ribs. Thus, he alleged that the accident was the result of rash and negligent driving of the lorry and claimed compensation of Rs. 50,000 from respondents.

(3.) DURING the hearing, the claimant examined five witness including himself. As against that the insurance company examined one witness, viz., RW 1 S. D. Ballal, The Manager of the national Insurance Company, Mangalore Branch. The Tribunal after appreciating the evidence on record held that the claimant failed to prove that it was the lorry MYG 5704 that caused the accident had as such dismissed the claim of the petitioner by its judgment dated January 19, 1976.