M KRISHNAPPA Vs. MADRAS MOTOR AND GENERAL INSURANCE CO

JUDGEMENT

(1.) These two appeals arise from the award passed by the Motor Vehicles Claims Tribunal, Bangalore, in Misc. Case No. 107 of 1969.

(2.) One M. Krishnappa working as First Division Clerk in the office of the High Court of Mysore at Bangalore, was proceeding on his motorcycle No. MYQ 9649 from his village Modihalli, in order to go to Bangalore at about 8-30 a.m. on 8-3-1969. He came to Hoodi Cross where there was a 'Halt & Proceed' Board. He stopped the motor cycle, looked towards his left and right and after finding that no vehicle was coming from either direction in the road leading from H.A.L. to Bangalore he turned to his right, went towards the left side of the road and was proceeding on the left side of the road. Even before he reached the Madras-Bangalore road a bus, bearing No. MYK 4157 belonging to Sri P. Moosa Saheb which was driven by Dastagir Saheb, came from the side of the H.A.L. at a great speed behind him and dashed against the motor cycle and dragged the motor cycle for some distance, as a result of which, Krishnappa was thrown out of the motor cycle to his right side whereas the motor cycle was thrown out into a ditch on the left side of the road. As a result of this collision, Krishnaopa sustained the following- injuries, as spoken to by P. W. 2, Dr. Irappa Reddy, and P.W. 3 Dr. Shashikala: The medical evidence disclosed that there was fracture of the left clavical and the fracture of left tibia and fibula. These injuries, according to the medical evidence, were grievous in nature. Ext. P-4 is the Radiologist's report and Ext. P-5 is the Accident register. Their contents corroborate the evidence of the Doctors P.W. 2 and P.W. 3. It is also not disputed by the appellant that Krishnappa came by these injuries as a result of the above collision.

(3.) The motor cycle and the bus were examined by the Inspector of Vehicles and he was of the opinion that the motor cycle had been damaged to a great extent and that the front grills of the bus had been damaged and therefore, he was of the view that the bus had dashed against the motor cycle from behind.