GENERAL MANAGER,ORIENTAL INSURANCE CO.LTD Vs. SHIVAYOGI

JUDGEMENT

(1.) This appeal is filed challenging the judgment and award dtd. 8/3/2012, passed in M.V.C.No.353/2011, on the file of the Senior Civil Judge and Additional MACT, Bailahongala ('the Tribunal' for short), questioning the liability.

(2.) The parties are referred to as per their original rankings before the Tribunal to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the case of the claimant before the Tribunal is that on 17/6/2010 at about 3.00 p.m. when the claimant was travelling by sitting as pillion on the motorcycle bearing registration No.KA-25/R-4898, the rider driven the same in a rash and negligent manner on Talluru-Jalikattu road, near the land owned by Shivanagouda Patil, Talluru Village, Saundatti Taluka and dashed his motorcycle to another motorcycle bearing registration No.KA-03/J-9605 and caused an accident and the claimant had sustained the injury, which has resulted in permanent physical disability.