AND

AWARD

DTD:18-10-2011,

PASSED

IN

MVC.NO.1302/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE AND

MEMBER, ADDL. MACT, BAILHONGAL, DISMISSING THE PETITION

FILED U/SEC.166 OF IMV ACT.

THIS APPEAL COMING ON FOR HEARING THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

JUDGMENT

Heard learned counsel for the parties.

This appeal is filed by the claimant challenging

the dismissal of claim petition filed under Section 166 of

Motor Vehicles Act by judgment and award dated

18.10.2011 passed in MVC No.1302/2008 on the file of the

Senior Civil Judge and Additional MACT, Bailhongal

(hereinafter referred to as ‘the Tribunal’ for short).

Brief facts of the case are as under:

A claim petition came to be filed under Section 166

of the Motor Vehicles Act contending that the claimant met

with an accident on 15.02.2008 at 10.00 a.m. on

Bailhongal-Munavalli road near Hosur bus stand within the

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limits of Hosur village, within the limits of Murgod police

station in view of the negligent driving of the truck bearing

No.26/730 and as a result he had suffered permanent

disability and he was also shifted to hospital, wherein he

took treatment and he was inpatient for 23 days and thus

sought for awarding compensation.

The claim petition was resisted by filing written

statement by the Insurance Company denying the age,

occupation an nature of injuries sustained by the claimant

and took the contention that truck neither caused the

accident and nor is concerned with the injuries sustained

by the claimant.

In order to substantiate the case of the claimant, he

examined himself as PW.1 and got marked documents as

Exs.P.1 to P.50 and also examined doctor as PW.2 and

PW.3 is an witness to the accident. On the other hand,

Insurance Company examined one witness as RW.1, who

conducted the investigation on behalf of the company and

got marked documents as Exs.R.1 to R.18.

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The Tribunal after considering the material on record,

comes to the conclusion that the claimant failed to prove

the

accident,

however

quantified

the

compensation

considering the material on record and dismissed the claim

petition. Being aggrieved by the same, the claimant is in

appeal.

4.

The main contention of the learned counsel for

the claimant is that the accident has taken place on

15.02.2008 at 10.00 a.m. and father-in-law of the

claimant had lodged the complaint on 16.02.2008 at 6.00

p.m. and MLC was made immediately after the injured was

taken to the hospital. The claimant examined himself as

PW.1

and

eyewitness

as

PW.3

and

submits

that

documentary evidence clearly disclose that after the

registration of the case, investigated and charge sheet is

also filed against the driver of the truck and all these

documents

though

marked,

the

Tribunal

has

not

considered the same.

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5.

Counsel further contends that the Insurance

Company has not challenged the complaint, FIR and

charge sheet and the witness who has been examined on

behalf of Insurance Company also admitted that they have

not challenged the same. When such being the case, the

Tribunal ought not to have disbelieved the case of the

claimant. Counsel also contends that in a case of

accidental claim, the Apex Court held that strict proof of

accident is not necessary in accidental claims as in

criminal trial material has to be placed before the Court

high standard which have passed this principle has not

considered by the Tribunal.

6.

Counsel

submits

that

the

compensation

awarded by the Tribunal is very meager and only taken

income of Rs.3,500/- and he has suffered disability of 85%

and Tribunal has only taken 50% and it ought to have

taken income of Rs.6,000/- since he was working as

blacksmith.

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7.

On

the

other

hand,

learned

counsel

for

Insurance Company submits that the Tribunal while

dismissing the petition, given reasoning and particularly in

para

No.36

onwards

in

detail

discussed

material

contradictions in the statement of PW.3 and also in the

evidence of PW.1 and rightly comes to the conclusion that

material placed