GADIGEIAH Vs. IJAJ AHMED AND ORS.

JUDGEMENT

(1.) PRESENT appeal is filed by the claimant in a case bearing MVC 77/2008 on the file of Court of the II Addl. Civil Judge (Sr. Dn.) and Addl. MACT, Davanagere on the ground that his claim petition has been dismissed after contest on 8.6.2009.

(2.) THE case put forth by the claimant before the Tribunal is as follows:

(3.) THE claimant has averred in his petition filed under Section 166 of MV Act that he was traveling in a private passenger bus on 10.08.2007 from Davanagere to Kudlur and the said bus dashed against a moving lorry as a result of which he sustained injuries. He has specifically averred in his petition that accident in question took place near Mangala Poultry Farm and he sustained injuries. Respondent No. 2 owner of the bus has filed detailed objections denying all the material averments and has called upon the claimant to prove the contents of the claim petition and manner in which accident took place, injuries sustained and involvement of the vehicle. Respondent No. 3 insurer has filed detailed objections denying the involvement of vehicle and injuries sustained by the claimant.