JAGADISH Vs. KARIYAPPA

JUDGEMENT

(1.) BOTH the appeal and cross -objection are directed against the judgment and award dated 01.10.2007 in M.V.C.No.180/2005 on the file of M.A.C.T. -II, Bagalkot.

(2.) THE facts which gave rise to the appeal and cross objection are stated as under: On 05.12.2004, one Kariyappa was proceeding from Hinchanal to Bilagi after completion of pendal work on his motorcycle bearing registration No.KA - 29/L -6396. When he came near Mannikeri village, a Tom Tom passenger vehicle bearing registration No.KA - 29/4789 came from Bilagi side in a rash and negligent manner and dashed against the motorcycle wherein Kariyappa was proceeding. As a result of the impact, Kariyappa sustained grievous injuries for which he was treated initially in Dr. Doddannavar's Hospital, Bagalkot. He spent substantial amount for his treatment and despite best treatment, he suffered disability. Therefore, claiming compensation, he filed a claim petition under Section 163(A) of M.V.Act against the owner and insurer of the Tom Tom passenger vehicle.

(3.) THE claim petition was opposed by the owner of the Tom Tom vehicle mainly on the ground that the Tom Tom vehicle was not at all involved in the accident and that it has been implicated falsely by the injuredclaimant in collusion with the police.