RAMESH MANJAPPA NAIK Vs. MAHABALESHWAR BASAVANNI NAIK

JUDGEMENT

(1.) These appeals are at the instance of the Insurance Company and the claimant calling in question the judgment and award dtd. 17/5/2010 in MVC 19/2008 on the file of the Additional Motor Accident Claims Tribunal, Sirsi (for short "the Tribunal") by which the claim petition was allowed in part awarding compensation of Rs.75,000.00 with interest thereon at 6% per annum from the date of petition till the date of payment.

(2.) The facts in brief are to the effect that on 8/11/2006 while claimant was riding his motorcycle bearing registration No.KA-31/E-8545 with his father as a pillion rider from Sirsi to Kuppalli, the offending motorcycle bearing registration No.KA-31/K-4086 with its rider riding it in a rash and negligent manner and in high speed dashed against the motorcycle of the claimant resulting in grievous injuries to him. On claim petition being filed, the owner of the offending motorcycle remained ex-parte. The Insurance Company contested the proceedings by filing its written statement.

(3.) During trial, the claimant examined himself as PW1 and examined the medical expert as PW2 and one more witness as PW3. Ex.P1 to Ex.P52 were marked. The Insurance Company examined one of its officials as RW1 and Exs.R1 to R4 were marked.