NATIONAL INSURANCE CO.LTD Vs. CHANDRAGOUDA BASAPRABHU GOTADKI

JUDGEMENT

(1.) This appeal is filed at the instance of the Insurance Company calling in question the correctness of the judgment and award dtd. 27/3/2010 in MVC No.2653/2006 by the learned Fast Track Court-IV and MACT, Belgaum (for short, 'MACT').

(2.) Brief facts of the case insofar as they are relevant for the present purposes are that, on 13/4/2006 at about 4.30 p.m., while the claimant was proceeding on a bicycle, offending Tempo vehicle bearing registration No.KA-29/A-4196 came in a rash and negligent manner in high speed and dashed against the claimant resulting in grievous injuries to him.

(3.) On claim petition being filed, the owner of the offending Tempo vehicle remained exparte and the Insurance Company contested the proceedings by filing a detailed written statement. The Insurance Company has denied the material averments made in the claim petition.