VISHAL FRANCIS DSOUZA Vs. T S SHANTHARAJU

JUDGEMENT

(1.) Sri.Sarat Chandra Bijai, learned counsel for the appellant.

(2.) In this appeal preferred under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short), the appellant has assailed the validity of the award dated 22.09.2011 by which the petition filed by the appellant under Section 166 of the Act seeking compensation to the tune of Rs.17,903/- along with interest at the rate of 12% p.a. on account of the loss caused to the petitioner's vehicle, has been dismissed.

(3.) Facts giving rise to the filing of this appeal briefly stated are that the appellant after finishing his duty on 14.11.2008 was returning to his residence on his motor bike bearing registration No.KA 19 R-3181 along with his co-worker namely Pradeep Kumar. It is the case of the appellant that when he reached the main entrance gate of the Company, a tipper lorry which was being driven in a rash and negligent manner, without giving any signal to turn to the right side, hit the bike of the appellant from its back side. As a result of aforesaid accident, the appellant as well as the pillion rider fell down. It was further pleaded that due to the accident, the bike of the appellant was damaged and was kept in repairs and the appellant incurred a sum of Rs.17,903/-.