MANAGER Vs. GOURABAI

JUDGEMENT

(1.) This appeal is at the instance of the offending Trax vehicle bearing registration No.KA 23/M 3253 calling in question the correctness of the judgment and award dtd. 9/3/2010 in MVC No.852/2008 passed by the learned Motor Accident Claims Tribunal II, Belguam and in the Court of the I Additional District Judge, Belgaum awarding a compensation of Rs.3,62,000.00 with interest of 6% p.a. from the date of the petition till the date of payment.

(2.) Brief facts are that on 31/12/2007 while deceased Bhimappa Annappa Padadale was proceeding on his Hero honda Motorcycle bearing registration No.KA 23/R-8189 from Kadapur to Gadhingalaj, the offending Trax bearing registration No.KA 23/M 3253 with its driver driven in rash and negligent manner and in high speed came and dashed against the motor vehicle resulting in the death of the deceased.

(3.) On the filing of claim petition before the learned Tribunal, both the RC owner of the vehicle and the present appellant remained ex-parte.