LAWS(KAR)-2011-1-310

BORAIAH S/O LATE M R GANTAIAH AGED ABOUT UTHAKERE VILLAGE, HATHUKUR HOBLI MADDUR TALUK MANDYA DISTRICT Vs. FAYIRNAUMNISA W/O MAGAMED GOUSE; UNITED INDIA INSURANCE CO LTD ,

Decided On January 12, 2011
BORAIAH S/O LATE M R GANTAIAH AGED ABOUT UTHAKERE VILLAGE, HATHUKUR HOBLI MADDUR TALUK MANDYA DISTRICT Appellant
V/S
FAYIRNAUMNISA W/O MAGAMED GOUSE; UNITED INDIA INSURANCE CO LTD , Respondents

JUDGEMENT

(1.) There is delay of 96 days in filing this appeal. The contesting respondents are served and represented. No objections are filed. Cause shown is accepted. Delay condoned.

(2.) Respondent No. 1 is the owner of the vehicle. Liability of the insurer is not disputed. Hence, notice to respondent No. 1 is dispensed with. Matter is concerned on merit.

(3.) Claimant has sought for compensation of Rs. 1,50,000.00on the ground that, he sustained grievous injury in a road accident on 5.12 2004, on account of rash and negligent driving of the autorickshaw bearing No.MH.02 X.7555. He claimed tht, he had Driving Licence and or account of the accident he has lost his earning capacity.