HARIJANA MALLIKARJUNA Vs. KURUBARA MALLIAH

JUDGEMENT

(1.) The present appeal is filed by the appellant/claimant seeking enhancement of compensation against the impugned judgment and award dated 5.3.2016 passed by the learned Member, Motor Accident Claims Tribunal-III, Ballari (for short, Tribunal ) in MVC No.917/2015, awarding a total compensation of Rs.3,09,000/- with interest at 6% per annum from the date of petition till realization.

(2.) The claimant has filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Claims Tribunal for grant of compensation, mainly contending that on 9.5.2015 at about 9.00 p.m. after completion of work at Devasamudra village towards his village, he was proceeding on his TVS Moped on the proper side of the road at Lingamanahalli Gate, SH-19 road, D. Hirehal village, at that time, one Toofan vehicle bearing registration No.KA-48/M-4018 driven by the 1st respondent came from opposite direction in a rash and negligent manner and dashed against the claimant s motor cycle. Due to the impact, the claimant sustained grievous injuries and he was shifted to VIMS Hospital, Ballari and large sum of money was spent for his treatment. Therefore, he prayed for compensation of Rs.20,00,000/-.

(3.) On issuance of notice, respondents No.1 and 2 appeared before the Tribunal through their counsel but they did not file any written statement. The insurance company appeared before the Tribunal and filed written statement denying the averments made in the claim petition contending that it has denied the issuance of policy in respect of the offending vehicle and its validity as on the date of the accident. Further, it was contended that driver of the offending vehicle was not having valid and effective driving license as on the date of the accident. Hence, the insurance company is not liable to pay compensation and sought for dismissal of the claim petition.