CHANNAVEERAYYA Vs. VISHWANATH

JUDGEMENT

(1.) This appeal is at the instance of the claimant calling in question the correctness of the judgment and award dtd. 18/8/2010 in MVC No.2241/2008 passed by the Senior Civil Judge, Assistant Sessions Judge and M.A.C.T., Bailhongal (for short "the Tribunal") by which the claim petition came to be dismissed.

(2.) The brief facts are to the effect that on 18/6/2008 at about 10.30 p.m., while the claimant was riding his motorcycle bearing registration No.KA-24/H-3078 near Bhiligudi Cross, Bailhongal-Anagol Road, the rider of another motorcycle bearing registration No.KA-24/H-1222 rode it in a rash and negligent manner and in high speed and dashed against the motorcycle of the claimant resulting in serious injuries to him.

(3.) On claim petition being filed, respondent No.1 and 3 remained ex-parte. Respondent No.2 and 4 filed their separate written statements denying the material averments in the claim petition.