1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR MISCELLANEOUS FIRST APPEAL NO.10170 OF 2011 (MV) BETWEEN:
K. KESHAVANAYAKA S/O VENKATESHNAYAKA AGED 50 YEARS CHIPS BUSINESS CHANNABASAVESWARANAGARA 6TH CROSS, UPPARAHALLI TUMKUR, PIN-572 118 … APPELLANT (BY SHRI. K.R. RAMESH, ADVOCATE) AND:
1. G.M. SURESHBABU S/O G.V MAHADEVAIAH AGED 48 YEARS SRI SHIVAGANGA TRANSPORT NO.164 NEAR TUDA, COTTAGE, TUMKUR (OWNER OF BUS BEARING REG. NO.TN-60-J-7677) PIN-571 035 2. THE ORIENTAL INSURANCE DIV. OFFICE, KOLHAPUR NO.204/E, KANCHANAGANGA OPP. PANCHASHREE HOTEL KOLHAPUR, MAHARASHTRA STATE REP. BY ITS BRANCH MANAGER PIN-460 038 … RESPONDENTS (BY SHRI. V.B. SIDDARAMAIAH, ADVOCATE FOR R1; SHRI. C.R. RAVISHANKAR, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 31.03.2011 PASSED IN MVC NO.66/2008 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE & MACT, TUMKUR, DISMISSING THE CLAIM PETITION FOR COMPENSATION.
2 THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT This appeal is presented by an unsuccessful claimant before Additional Senior Civil Judge & MACT, Tumkuru, which has dismissed MVC.No.66/2008 by its judgment and award dated 31.03.2011.
2. Claimant’s case is that on 10.09.2006, when he was riding his two wheeler, a bus bearing No.TNGO J 7677 dashed against him from behind. He took treatment in General Hospital, Tumkuru, Victoria Hospital, Bengaluru, and Manipal Hospital, Udupi. He registered a complaint on 16.10.2007 and presented a claim petition in the year 2008. Learned Tribunal has held that the very occurrence of the accident is doubtful and has recorded that there is no material to hold that accident had indeed taken place involving a bus. In addition, learned Tribunal has further recorded that wound certificate – Ex.P5 also contains over writings and has accordingly, held that it is doubtful as to whether the wound certificate is of the year 2006 or 2007.
3 3. In view of such uncertainties, learned Tribunal in my view has rightly dismissed the petition. In the circumstances, this appeal fails and it is accordingly dismissed.
No costs.
Sd/- JUDGE AV