KRISHNAPPA Vs. K. DORESWAMY

JUDGEMENT

(1.) Challenging judgment and award dtd. 1/3/2013, passed in MVC No.3/2010 by Senior Civil Judge and MACT, (hereinafter referred to as 'tribunal') Maddur, claimant is in appeal.

(2.) Brief facts as stated are that on 30/7/2009 when claimant was proceeding as a pillion on TVS XL Moped bearing Reg.No.KA-11-S- 9735 on Bangalore - Mysore Road, a Maruti Van bearing registration No.KA-51-MF-886 driven by its driven in rash and negligent manner dashed against Moped causing injuries. Despite taking treatment, claimant sustained permanent physical disability and loss of earning capacity. Claiming compensation for the same, he filed claim petition under Sec. 166 of the Motor Vehicles Act, 1988 against owner and insurer of both vehicles.

(3.) Respondent No.1 - owner of van filed objections denying liability to pay compensation and asserted that vehicle was insured with 2nd respondent and policy was valid as on date of accident. Respondent no.2 opposed claim petition on the ground that there was no compliant filed against driver of Maruti van and there was delay in filing complaint and therefore, it was not liable to pay compensation. Despite service of summons, respondents no.3 - owner of TVS Moped did not participate and was placed ex-parte. Respondent no.4 - insurer of TVS Moped filed objections stating that vehicle was not insured with it. It also contended that accident did not occur due to rash and negligent riding of rider of moped, but it was due to negligence of driver of Maruti van.