REPORTABLE

         IN THE SUPREME COURT OF INDIA  CIVIL  APPELLATE JURISDICTION

   CIVIL APPEAL NO.3171 OF 2009 (Arising out of S.L.P.(C) No.15079 of 2007)

NORTH WEST KARNATAKA RD. TRANSPORT CORP. Appellant(s)

       Versus

GOURABAI & ORS.  Respondent(s)

  J U D G M E N T

Dr. ARIJIT PASAYAT, J.  

Heard.

Leave granted.

Challenge in this appeal is to the order passed by the learned Single  

Judge of the Karnataka High Court dismissing the appeal filed by the appellant.  

Challenge  in  the  said  appeal  was  to  an  award made by  the  Motor  Accident  

Claims Tribunal No. VII, Bijapur (in short MACT).  An award of Rs.2,59,400/-  

was made.  The main contention of the appellant before the MACT as well as  

before the High Court was that the deceased did not sustain any injury in any  

accident involving the bus of the  

...2/-

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corporation.   Reference  was  made  to  the  evidence  of  the  doctor,  who  had  

admitted the deceased to the hospital, that the deceased had suffered head injury  

due to fall from the height of 8 to 10 feet of his own house.  Though this was  

specifically  stated  in  the  written  statement,  the  MACT  and  the  High  court  

brushed  aside  the  same stating  that  there  was  indirect  admission  about  the  

deceased  having  sustained  injury  in  vehicular  accident.   The  effect  of  the  

evidence of the doctor and exhibit R-1 does not appear to have been looked into  

by  the  MACT  and  the  High  Court.   MACT  did  not  place  reliance  on  the  

document R-1 on the ground that the brother of the injured stated that he did  

not know what was written in the document and his signature was taken on one  

page.   This  conclusion  overlooks  from the  fact  that  a  doctor  will  not  take a  

signature  on  a  piece  of  paper  mentioning  something  which  is  not  correct.  

Exhibit R-1 establishes beyond the shadow of doubt that the injuries sustained  

were not on account of  any vehicular accident.  That being so, the MACT and  

...3/-

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the High Court were not justified in making any award.  The order of the MACT  

and High Court stands set aside.

The appeal is accordingly, allowed.

                   ......................J.              (Dr. ARIJIT PASAYAT)

                       .....................J.          (ASOK KUMAR GANGULY)

New Delhi, May 01, 2009