KARTHIK Vs. SAMPIGE SIDDESHWARA

JUDGEMENT

(1.) Though the matter is listed for admission today, with the consent of the learned counsel for both the parties, it is taken up for final disposal.

(2.) The parties are referred to as per their original rankings before the Tribunal to avoid confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that the claimant-a minor had met with an accident on 12.02.2012 due to the rash and negligent riding of the motorcycle bearing registration No.KA-16-V-6847 by its rider near Sri Nagarakatte Banni Kalamma Temple, as a result, he sustained fracture of both bones and was inpatient in the hospital at Chitradurga Ortho Care Center from 14.2.2012 to 17.02.2012. Hence, a claim petition was filed by the claimant claiming compensation and the said claim petition was resisted by the Insurance Company by filing the statement of objections. In order to substantiate his contention, the claimant examined himself as P.W.5, his father as P.W.2 and the doctor as P.W.4 and got marked the documents at Exs.P1 to P34. On the other hand, the respondent-Insurance Company not adduced any evidence, however, got marked document the copy of the policy at Ex.R1. The Tribunal, after considering both oral and documentary evidence, allowed the claim petition in part and awarded the compensation of Rs.80,000/- with interest at the rate of 6% per annum. Being aggrieved by the said award, the present appeal is filed by the claimant.