VARGHESE MATHEW Vs. M.BRAHMADATHAN

JUDGEMENT

(1.) THIS appeal arises from the award dated

(2.) 03.2012 in O.P.(M.V.) No.81 of 2009 of the Motor Accident Claims Tribunal, Muvattupuzha ( for short " the Tribunal). 2. On 28.11.2006 at about 3 P.M. appellant was riding a motor cycle along the public road and as admitted and the evidence goes, from south to north. At the place of accident, a car belonging to the 2nd respondent, driven by the 1st respondent and insured with the 3rd respondent came from the opposite side. According to the appellant, due to the rash and negligent driving of the offending vehicle, it hit the motor cycle causing injuries to him. He claimed compensation.

(3.) APPELLANT produced Exts. A1 to A4 and A8 to prove the accident. PW1 is the investigating officer through whom Ext.X1, copy of the Case Diary in the connected Criminal Case was proved. The Tribunal, without referring to evidence of PW1 and Ext.X1, referred to Ext.A3, copy of the Scene Mahazar, found that the accident occurred on the extreme wrong side of the appellant and dismissed the application. Hence this appeal.