SANNA SUNKAPPA Vs. R P ARIFULLA

JUDGEMENT

(1.) CLAIMANT in MVC No. 185 of 2002 on the file of the Civil Judge (Senior Division) and Additional Motor Accident Claims Tribunal, Chitradurga is the appellant. Parties be referred according to their ranking in Court below for convenience.

(2.) THE case of the claimant is that he is the owner of a tractor and trailer HMT-3522. On 9-9-2000 at about 4.00 p.m. on Chitradurga-Challakere road, the driver of the tractor was transporting jelly from Lambanihatty to deliver it to his farm house of the petitioner at J.N. Kote. While so, the driver of the bus running under the name and style of Elahi bus, bearing registration No. KA 34/431 has dashed against the tractor. On account of it tractor is damaged completely. Police have registered a case in Crime No. 285 of 2000. So, pray for awarding a compensation of Rs. 1,15,000/-. Insurer has filed the objections, call upon the petitioner to prove accident, impact of the accident, contends liability is strictly in accordance with terms of the policy. In reply state tractor trailer HMT-3522 is of 1999 model, claim is exaggerate pray for dismissal of application. Learned Trial Judge has framed issues. Permitted parties to lead evidence P.Ws. 1 to 4 are examined, Exs. P. 1 to P. 16 are marked, policy copy is marked as Ex R. 1.

(3.) LEARNED Advocate for the insurance company submits that the vehicle is of 1999 model and it is sufficiently used. So, method of assessment of the learned Trial Judge is proper.