MOHANA Vs. M. SHAKTHI SELVAM

JUDGEMENT

(1.) Challenging the judgment and award dtd. 5/12/2018 passed by the II Additional District and Sessions Court and Additional Motor Accident Claim Tribunal at Hassan (hereinafter referred to as 'Tribunal' for short), in MVC No.1051/2017, this appeal is filed.

(2.) Brief facts as stated are that on 6/11/2016 at about 10.45 p.m., claimant was riding his motorcycle bearing Reg.no.KA-13-EB-2663, on Hassan - Belur Road. He sustained grievous injuries when driver of Maruti Swift Car bearing Reg. No.TN-38-BV-8489, drove it in a rash and negligent manner and dashed against claimant's motor cycle, near Hosur Village. He was admitted to Government Hospital at Hassan and thereafter, to Kanchuru Hospital, Mangalore. Despite taking treatment, he did not recover fully and sustained permanent physical disability and consequent reduction in earning capacity. Claiming compensation for the same, he filed claim petition against owner and injurer of Maruti Swift Car under Sec. 166 of MV Act.

(3.) On service of notice, respondent No.2 - Insurer opposed claim petition on all counts.