T. Mohammed Zahid vs Dr. Sofia Zakria, The National Insurance Co. Ltd., Mr. Faizal and The United India Insurance Co. Ltd.

Huluvadi G. Ramesh, J.—This appeal is filed against the judgment and award passed by the learned Prl. District Judge & MAT, Dakshina Kannada, Mangalore, dismissing the claim petition filed by the appellant seeking compensation.

It is the case of the appellant/claimant that on 3.9.2006 at about 3.30 p.m. when was proceeding as a pillion rider along with one Badruddeen on a motorcycle bearing registration No. KA-19-V-2234, near Prnathya school in Moodabidri Taluk, the rider of the motorcycle bearing registration No. KA-19-L-3832 who was proceeding ahead abruptly turned to the right side without giving signal, consequent to which, the said vehicle brushed against the motorcycle on which claimant and another were going, due to the impact, he fell down sustained grievous injuries. As such, claimant filed claim petition before the Tribunal seeking compensation.

On the matter being contested by the respondent-insurer, the Tribunal raising as many as five issues, after enquiry, held that accident was due to the negligence on the part of the rider of the motorcycle bearing registration No. KA-19-L-3832 -employee of Manjunath Roadlines, to which, the owner of the motorcycle bearing registration No. KA-19-L-3832 had entrusted the said vehicle at Bangalore office for transportation to Mangalore and the same was misused by the said employee for his personal use and therefore, the insurer is not liable to pay compensation and accordingly dismissed the claim petition.

There is controversy as to the payment of compensation to the claimant. The Tribunal has not properly considered the issues raised by it. Therefore, I am of the opinion that while retaining the finding of the Tribunal on the issue of negligence, with regard to fastening the liability either on the owner or insurer of the offending vehicle in question and also as to whether the claimant is entitled for compensation, the matter requires reconsideration by the Tribunal.

In that view of the matter, the impugned order passed by the Tribunal in MVC. No. 1784/2006 is set aside, while retaining the finding of the Tribunal that accident had occurred due to negligence on the part of the rider of the motorcycle bearing registration No. KA-19-L-3832. The matter is remitted to the Tribunal for disposal in accordance with law after affording opportunity to both the parties to lead additional evidence or produce document The insurer is also directed to make Manjunatha Roadlines as party to the claim petition. The parties are directed to appear before the Tribunal on 27th March 2014. All contentions are kept open.

Appeal is disposed of accordingly.

Office is directed to send back the records.