ORIENTAL INSURANCE CO. LTD. Vs. FAKKIRAPPA

JUDGEMENT

(1.) The Insurance Company is in appeal being aggrieved by the judgment and award dated 23.10.2010 in MVC No.2514/2005 on the file of Additional MACT, Saundatti praying for dismissal of the claim petition.

(2.) Brief facts of the case are that the claim petition was filed under Section 166 of the Motor Vehicles Act claiming compensation for the injuries sustained by him in a road traffic accident. It is stated that on 27.02.2003 when the claimant was proceeding in a cart along with his grandfather and family members and when they reached Saundatti-Dharwad road, the claimant alighted from the cart, was standing by the side of the road. At that time one Hero Honda motorcycle came in a rash and negligent manner and dashed to the claimant, on account of which the claimant fell down and sustained grievous injuries. Initially the claimant was taken to the Government hospital, Saundatti and thereafter shifted to KIMS hospital, Hubballi for further treatment.

(3.) On issuance of notice of the claim petition, respondents No.2 and 3 appeared. Respondent No.2 filed its written statement denying the claim petition averments. Further, the Insurance Company contended that the accident had not taken place due to the rash and negligent riding of the motorcycle and also it denied the accident involving the motorcycle. The Insurance Company also contended that the motorcycle was not at all insured on the date of the accident. By filing additional written statement, the Insurance Company also contended that the motorcycle bearing No.KA- 24/E-8637 not at all plied on the said road on the alleged date and time of the accident. Thus, he prayed for dismissal of the claim petition.