S MUNIYAPPA Vs. H L NARASIMHAIAH

JUDGEMENT

(1.) This appeal by the claimant is directed against the Judgment and award dated 7th July 1978 passed by the District Judge & Member, Motor Accidents Claims Tribunal-1, Bangalore in Miscellaneous (MVC) Case No. 99 of 1975 on his file, awarding compensation of Rs, 15,430-03 along with interest and costs in favour of the injured claimant.

(2.) It is the case of the claimant that he is a building contractor and that he earns annually not less than Rs. 16, 368. On 26-11-1974 at about 1-30 p.m. he was going on his scooter bearing Registration No. MYB 3689 from east to west along N. S. lyengar Street, on the left side of the road. A car bearing Registration No. MYM 5530 came from north to south driven in a rash and negligent manner and hit against the scooter. The scooter-rider was thrown to a distance of about 8 or 10 feet on the left side. He sustained fracture of his left leg and one of his arms and other parts of the body sustained injury. Scooter was damaged. One Kempanna, who was near by, removed him in an auto-rickshaw to the Victoria Hospital. He remained an in-patient in Victoria Hospital for a long time. On these averments, he claimed compensation of Rs. 1,00,000 from the respondents.

(3.) Respondents 1 and 2, by their written statement, resisted the claim. According to them, it was the petitioner who was driving the scooter in a rash and negligent manner. The car was going on its proper side and with moderate speed. It was not the car that hit the scooter. It was vice versa. As a result of the scooter hitting against the car, the car was damaged. They denied their liability. The third respondent. Insurance Company, contended similarly.