RAMLINGAPPA Vs. BASAPPA

JUDGEMENT

(1.) This appeal is at the instance of the claimant calling in question the correctness of the judgment and award dtd. 25/9/2009 in MVC No.2828/2006 on the file of the Additional Motor Accident Claims Tribunal, Bailhongal (for short "the Tribunal").

(2.) The brief facts are that on 12/3/2005 at about 7.15 p.m., while the claimant was proceeding on bicycle as a pillion rider, near Anigol Bus stop, a trax bearing registration No.KA-24/2680 with its driver driving it in a rash and negligent manner and in high speed, came and dashed against the bicycle on account of which claimant suffered serious injuries.

(3.) Upon clam petition being filed, the owner of the trax vehicle remained ex-parte. The Insurance Company contested the proceedings by filing its written statement.