N.S.MURALIDHARA Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimant being aggrieved by the judgment dated 9.2.2017 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 2.3.2015, at about 5.30 p.m. when the claimant after completing his work was proceeding towards his village Godabanahali by walk from Janakonda Village, at that time, motorcycle bearing registration No.KA-16-Y-0979 being ridden by its rider at a high speed and in a rash and negligent manner, dashed to the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

(3.) The claimant filed a petition under Section 166 of the Act on the ground that he was working as a driver and agriculturist and was earning Rs.15,000/- p.m. It was pleaded that he also spent huge amount towards medical expenses, conveyance, etc. It was further pleaded that the accident occurred purely on account of the rash and negligent riding of the offending vehicle by its rider. On service of notice, the respondent No.2 filed written statement in which the averments made in the petition were denied. It was pleaded that the petition itself is false and frivolous in the eye of law. It was further pleaded that the petitioner in collusion with the police has registered false case against the rider of the motorcycle just to have compensation. It was further pleaded that the quantum of compensation claimed by the claimant is exorbitant. Hence, he sought for dismissal of the petition. The respondent No.1 did not appear before the Tribunal inspite of service of notice and was placed ex-parte.