LAWS(KAR)-2024-1-143

MAHADEVA Vs. B.M.GIRISHA

Decided On January 11, 2024
MAHADEVA Appellant
V/S
B.M.Girisha Respondents

JUDGEMENT

(1.) The present appeal is filed by the claimant under Sec. 173 (1) of the Motor Vehicles Act, 1988, (hereinafter for brevity referred to as "M.V. Act"), seeking enhancement of the compensation awarded by the Court of the learned IX Additional Small Causes and Additional MACT, Bangalore, (SCCH-7) (hereinafter for brevity referred to as "the Tribunal"), in its judgment and award dtd. 7/9/2019, in M.V.C.No.1468/2017.

(2.) The summary of the case of the claimant before the Tribunal is that, on the date 19/1/2017, at about 2:30 a.m., while he was proceeding by riding his Motor Cycle bearing registration No.KA-02/JG-6679 near Bullappa Industrial Estate Gate, Magadi Road, in order to go to his residence, on the extreme left side of the road, at that time, a Lorry bearing Registration No.KA-20/A- 8738 being driven by its driver in a rash and negligent manner came and dashed against his vehicle and caused the accident, due to which road traffic accident, he sustained multiple grievous injuries all over his body and the vehicle was also damaged.

(3.) In response to the service of summons upon the respondents before the Tribunal, both respondent No.1 and respondent No.2 appeared through their respective counsels. Though respondent No.1 (owner) did not file his objections, however, respondent No.2 (insurer) filed its Statement of Objections. In the objection statement, it stated that the claim petition filed by the claimant was not maintainable either in law or on facts. It denied all the averments made in the claim petition except those which were specifically admitted therein. Without prejudice, it denied that the alleged offending Lorry was involved in the alleged accident and also denied the manner of occurrence of the accident.