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2003 DIGILAW 431 (KAR)

MANAGING DIRECTOR, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, HUBLI v. RUDRAPPA PARAPPA MANDI

2003-06-05

K.L.MANJUNATH

body2003
K. L. MANJUNATH, J. ( 1 ) THIS appeal is by the North West Karnataka Road Transport Corporation, Hubli. ( 2 ) THE respondent herein was the claimant before the Claims Tribunal, saundatti, in M. V. C. No. 640 of 1994 arising out of a common accident, four claim petitions were presented before the Motor Accident claims Tribunal, Saundatti. The respondent presented the claim petition on account of personal injuries sustained by him in a road traffic accident. Respondent/claimant did not step into the witness-box. One of the claimants in the series of cases namely, the claimant in M. V. C. No. 639 of 1994 was examined as P. W. 1 and the wound certificate of the claimant/respondent in this appeal was marked as Ex. P. 4. Based on the same Rs. 1,67,000/- has been awarded as compensation by the Tribunal. The judgment and award of the Tribunal is called in question in this appeal. ( 3 ) THE main ground of attack of the appellant in this appeal is whether the Tribunal can award compensation to the claimant for a personal injury sustained by him in a road traffic accident relying upon the evidence of a third party. ( 4 ) ARISING out of a common accident, four claim petitions were presented by different claimants. Before the Tribunal, claimant in M. V. C. No. 639 of 1994 was examined, through him wound certificates of other claimants were marked and based on the wound certificate produced by the claimant in M. V. C. No. 639 of 1994 Tribunal has awarded compensation in favour of other claimants also. After perusal of the records it is clear that the claimants in all motor vehicles cases have not stepped into the witness-box. There was no evidence before the Tribunal to show that the pain and suffering of each of the claimants and the nature of injury sustained by them and also the disablement caused to them. ( 5 ) WHEN a claim petition is presented claiming compensation on account of the injury sustained by the claimant, Tribunal is not expected to award compensation based on the evidence adduced by some third party. In order to award compensation, claimant himself has to step into the witness-box and he has to depose in regard to the nature of injury sustained by him, the pain suffered by him and also the disablement caused to him. In order to award compensation, claimant himself has to step into the witness-box and he has to depose in regard to the nature of injury sustained by him, the pain suffered by him and also the disablement caused to him. The disablement of one claimant cannot be established through the evidence of third party. The Tribunal, in these cases, has committed an error in awarding compensation based on the evidence of the claimant in other claim cases. The Tribunal can club all the cases together in order to give a finding on the question of negligence or on the question of liability. So far as the question of quantum is concerned, the same has to be awarded after appreciating the evidence of each of the claimants separately. This Court is coming across several judgments of this nature wherein the Tribunals are awarding compensation based on the wound certificate produced by a person other than the claimant. The procedure adopted by the Tribunal in such cases are to be deprecated. Considering the fact that no evidence was available to the Tribunal to award compensation in favour of the claimant/respondent in this case, appeal requires to be allowed and the order and award of the Tribunal requires to be set aside. ( 6 ) IN the result, this appeal is allowed. Judgment and award passed in M. V. C. No. 640 of 1994, dated 18-2-1999 are hereby set aside. Matter is remitted back to the Tribunal, Saundatti far fresh consideration. The amount in deposit shall be refunded to the appellant-Corporation. The tribunal shall dispose of the claim petition as early as possible as the claim was instituted in the year 1994. --- *** --- .