SITAWWA Vs. SIDDANNA

JUDGEMENT

(1.) THIS is the appeal preferred by the appellant/claimant being aggrieved by dismissal of her claim petition by the tribunal. The appellant/claimant has challenged the correctness and legality of the judgment and award passed by the tribunal on the grounds as mentioned in the appeal memorandum.

(2.) THE brief facts leading to filing of the claim petition before the tribunal are that on 28.02.2009, while the appellant/ injured was proceeding by walk on the extreme end of the road and about 9.00 hours near Ingaleshwar village, one JCB vehicle bearing KA -28/A -260, came in rash and negligent manner and dashed to the appellant/claimant and due to which, she sustained injuries. Immediately after the accident, the appellant/petitioner was shifted to Vaibhav Orthopedic Hospital, Bijapur, wherein she was treated for the injuries sustained in the accident. Prior to the accident, she was hale and healthy and also earning Rs.6,000/ - per month by doing agriculture and because of the injuries, now she cannot work as earlier. Hence, she has filed the claim petition before the tribunal.

(3.) AFTER service of notice, respondents appeared and filed their objection statement, denying the contents of the claim petition. It is contended by respondent No.1 that JCB vehicle was insured with respondent No.2 Insurance Company and the policy was in force as on the date of the accident and in fact if there was any liability, the same was to be fastened on respondent No.2 Insurance Company. Respondent No.2 also denied each and every averment made in the claim petition. But, it has admitted that JCB vehicle was insured with them as on the date of the accident. The driver of the said vehicle was not holding effective and valid driving licence as on the date of the accident and the compensation claimed was excessive and without any basis. Hence, they sought for dismissal of the claim petition.