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delivered the following :

JUDGMENT

This appeal is filed against the judgment and award passed

by the learned Senior Civil Judge & JMFC and CJM, Tumkur, in

MVC.No.380/2009, dated 29th January 2011 by the owner of the

vehicle questioning the direction of the Tribunal to pay award

amount to the claimant.

2. Claimant filed claim petition before the Tribunal seeking

compensation claiming that he sustained injuries in the accident

that occurred on 18.7.2008. It is the case of the claimant that on

18.7.2008 at about 3.00 p.m. when he was proceeding on his

Hero Honda bike bearing registration No.KA-06-Q-567 on

Kaggere-Madapur road, in front of garden of one Shanmuka, a

tractor bearing registration No.KA-06-TA-4149 came in a rash and

negligent manner from opposite direction and dashed against

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the claimant due to which, he sustained fracture of both bones of

the left leg.

3. On the matter being contested by the respondent-

insurer, the Tribunal raising as many as three issues, after

enquiry, holding that the accident was due to negligence on the

part of the driver of the Tractor in question, awarded total

compensation of Rs.2,58,730/- with interest at 6% p.a. from the

date of petition till the date of deposit and directed the owner of

the offending vehicle to pay compensation amount. Being

aggrieved by the same, the owner--appellant is before this

Court.

According to the learned counsel for the appellant, the

vehicle was insured with the respondent-insurance company, but

without taking that into consideration, the Tribunal has saddled

the liability on the appellant and as such, matter requires

reconsideration.

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In view of the submission made, the impugned judgment

and award passed by the Tribunal is set aside and the matter is

remitted to the Tribunal for reconsideration after affording

opportunity to both the parties to lead additional evidence or

produce additional documents. All contentions are kept open to

be urged before the Tribunal. The parties are directed to appear

before the Tribunal on 17th March 2014. The amount in deposit

before this Court shall be refunded to the owner/appellant.

Appeal is disposed of accordingly.

Sd/-

JUDGE

bk/

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