SURESH HOSAMANE Vs. SRIDHAR S.

JUDGEMENT

(1.) This appeal, though listed for admission, is taken up for final disposal with the consent of the learned counsel appearing for the parties.

(2.) Facts giving rise to the filing of the appeal briefly stated are that the claimant on 24.11.2013 at about 11.00 a.m. was riding a motor cycle bearing registration No. KA-20-J-4692 from Halealive side towards Koteshwara. When he reached near Manjushree Stores, Kambri, Koteshwara village, a motor cycle bearing registration No.KA-20-X-1235 came from Koteshwara towards Halealive side, which was being driven by its driver in a rash and negligent manner, lost control and dashed against motor cycle of the claimant. Due to the injuries sustained, the claimant was immediately shifted to N.R.A.M. Hospital and took treatment as inpatient from 24.11.2013 to 15.12.2013 and was thereafter shifted to KMC hospital, Manipal, for further treatment. In all, the claimant claims to have spent Rs.1,25,000/- towards medial expenses, Rs.65,000/- towards nourishing food, Rs.40,000/- towards conveyance and Rs.85,000/- towards future medical expenses. The claimant filed a claim petition before the Tribunal contending that he was a mason and also a coolie earning about Rs.15,000/- per month and due to accidental injuries, suffered huge loss and also future income and claimed compensation to the tune of Rs.21,15,000/- along with interest.

(3.) On service of notice, the 1st respondent remained absent and placed ex-parte. The 2nd respondent-insurance company filed statement of objections admitting the policy in respect of motor cycle bearing registration No. No.KA-20-X-1235, but denied that the accident had occurred due to rash and negligent driving of the offending vehicle. It was also contended that the claimant did not possess a valid driving licence. It was also contended that the claim petition of the claimant was fraudulent.