RAGHAVENDRA Vs. THARA S SHENOY

JUDGEMENT

(1.) MFA 5684/2014 has been filed by the claimant whereas MFA 5297/2014 has been filed by the Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) being aggrieved by the judgment dated 26.3.2014 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 27.11.2011 at about 2.40 p.m. when the claimant was travelling in a Maruthi Omni Car bearig Registration No.KA-20-N-2659 near Gujjadi to Gangolli, at that time, the driver of the said car drove the same at a high speed and in a rash and negligent manner and caused accident. 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 coolie and was earning Rs.12,000/- 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 driving of the car by its driver. 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 accident was due to the rash and negligent driving of the car by its driver as he had consumed alcohol and was driving the car. The avocation, income and medical expenses are denied. 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.