ABDUL GAFOOR IBRAHIM Vs. MANJUNATH JATTAPPA NAIK

JUDGEMENT

(1.) Heard the appellant's counsel and also the counsel appearing for respondent No.2.

(2.) The factual matrix of the case of the claimant before Tribunal is that, he was standing on the side of the NH-17 road at Suvarnagadde in Kumta taluk waiting for the vehicle. At that time, the respondent No.1 came from Kumta side towards Honavar on the motorcycle bearing No.KA-47/H-1697 in a rash and negligent manner and due to his negligence, he lost control over the vehicle and the said motorcycle dashed to the petitioner. Due to the said impact, the petitioner sustained grevious injuries. Immediately, he was shifted to RNS Hospital, Murudeshwar, wherein first aid treatment was given and thereafter, as per the advise of the Doctor, he was shifted to Tejasvini Hospital, Mangalore, wherein he was treated from 8/12/2008 to 20/12/2008 and hence, made the claim before the tribunal.

(3.) The Insurance company after service of notice appeared and filed objection statements denying all averments and without prejudice to the contentions, took the contention that, as per the information gathered, there was no such accident occurred on the said day in the said spot and the petitioner and the first respondent have colluded with each other and formed the incident narrating and with the assistance of the concerned police have filed private complaint and FIR is registered and thereafter investigated the matter and filed charge-sheet and hence, it is clear that it is the case of concoction.