RUDRESH Vs. T T MANJUNATH

JUDGEMENT

(1.) THOUGH matter is listed today for admission by consent of learned advocates the matter is taken up for final hearing since it is of the year 2007 and lower court records having been received.

(2.) THE unsuccessful claimant is questioning the correctness and the legality of the judgment and award passed in M.V.C. No. 847 of 1999 dated 13.10.2006 where - under the claim petition filed by the appellant came to be dismissed. The parties are referred to as per the ranks in the court below.

(3.) ON service of notice the insurance company, respondent No. 2, entered appearance and filed its objections statement denying the averments made in the petition. Respondent No. 1 before Tribunal, being the owner of the lorry bearing registration No. CRT 8338 had appeared before the Tribunal through an advocate but did not file the written statement. Respondent No. 3 being the owner of the lorry bearing registration No. CNL 5550 had been served with notice and had remained absent and as such was placed ex parte. The insurer of the lorry bearing registration No. CNL 5550 who was arrayed as respondent No. 4 also did not contest the claim.