MALLIKARJUNA S/O THAMMAIAH, REP. BY NATURAL GUARDIAN HIS FATHER THAMMAIAH, S/O CHAIRMAN MALLEGOWDA Vs. B.C. ASHOK, S/O CHELUVAPPA AND THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THE claimant in MVC No. 538/2005 on the file of Fast Track Court, Mandya is the Appellant in this appeal.

(2.) IT is the case of the claimant that on 23.11.2011 at 5.00 pm while the Petitioner was standing near S. Kodihalli gate, the driver of the hero honda motor cycle bearing Regn. No. KA -04/EA -2421 has driven the vehicle rashly, negligently and dashed against the Appellant/claimant. On account of it, he sustained injuries. For the pain, suffering and agony he seeks compensation of Rs. 2 lakhs.

(3.) LEARNED advocate for the claimant contend that when the police papers are placed to prove the case of the claimant in regard to accident, the approach of the Tribunal disbelieving accident is not opt.