BRANCH MANAGER Vs. MALTESH

JUDGEMENT

(1.) This appeal is at the instance of the Insurance Company of the offending tractor & trailer calling in question the Judgment & Award dtd. 21/4/2010 in MVC No.841/2004 by the learned Court of Fast Track No.1, Dharwad.

(2.) Brief facts are to the effect that on 12/3/2004, while the claimant/respondent No.1 was proceeding on a motorcycle bearing registration No.KA-31/J-74912 as a pillion rider with one Sanjay Bedre as rider near Kamanalli Cross on Hangal - Mantagi Road at about 9:00 a.m. the offending tractor & trailer bearing Registration Nos. KA-27/T-4697 & KA-27/T-4698 driven by its driver in a rash & negligent manner and in high speed dashed against the motorcycle, resulting in grievous injuries to the claimant/respondent No.1 herein.

(3.) On the claim petition being filed, the present appellant contested the proceedings by filing its separate written statement. The owner of the tractor & trailer filed his written statement, but he did not cross-examine the witnesses.