KALLAPPA Vs. MOULASAB

JUDGEMENT

(1.) The appellant-claimant being aggrieved by the judgment and award dtd. 15/12/2011 passed in M.V.C. No. 985/2009 by the learned Fast Track Court-III, Dharwad, (hereinafter referred to as the Tribunal), is before this Court. Parties shall be referred to as per their rank before the Tribunal.

(2.) Brief facts of the case are as follows: On 2/9/2009 at about 23.30 hours the petitioner was returning to his home at Byahatti-Kusugal road, near Kumbar Oni. At that time, the rider of the motorcycle bearing reg. no. KA-25/EC- 6766 came in a rash and negligent manner and dashed to the petitioner causing him the injuries. Petitioner was taken to KIMS Hospital, Hubli and admitted as indoor patient from 3/9/2009 to 15/9/2009. Petitioner contended that he was working in agricultural fields and doing business thereby earning Rs.7,000.00 per month. Due to the accident he sustained fracture of his right leg and other injuries. Hence sought for compensation. Upon service of notice, respondent No.1 did not appear before the Court and was placed exparte. Respondent No.2-Insurer of the offending vehicle filed its objection denying the accident, age, income, occupation and amount spent by the petitioner towards treatment. A false complaint was lodged after lapse of 12 days from the date of alleged accident and thus prayed for dismissal of the petition.

(3.) On the basis of these pleadings of the parties, the Tribunal framed the following issues.