RAJU BHIMAOPPA BAGEWADI Vs. DODAGOUDA NINGANAGOUDA PATIL

JUDGEMENT

(1.) The claimant being aggrieved by the judgment and award dated 27.1.2012, passed in MVC No.981/2010, by the Prl. Senior Civil Judge and Addl. MACT, Belagavi, has filed this appeal.

(2.) The case of the claimant before the tribunal is that, on 4.5.2009, at about 13.30 hours, the claimant was proceeding from Tolagi to Itagi on motorcycle bearing No.KA-22/S-9364, in a moderate speed. At that time the driver of Maruti car bearing registration No.KA-23/M-4112 came from the opposite direction in a rash and negligent manner towards wrong side and dashed to the motorcycle of the claimant resulting into accident and consequently injuries were caused to him. He was admitted in Vijaya Hospital, Belagavi, where he took treatment by spending amount. He was aged about 23 years and working as a mason earning Rs. 40,000/- per year. Therefore he claimed compensation under section 163A of the M.V.Act, against the owner and insurer of the offending vehicle.

(3.) In pursuance of the notice, respondent No.1 owner of the offending vehicle remained absent and he was placed exparte. Respondent No.2 insurer appeared through his counsel and filed objections denying the claim of the claimant, his age, income and occupation. It is also denied that accident was due to the rash and negligent driving of the Maruti car. It is also contended that the driver of Maruti car did not possess a valid and effective driving license. It is contended that the accident in question occurred due to the rash and negligent riding of the motorcycle by the claimant himself. Therefore he is not liable to pay the compensation.