NINGAWWA AND ORS. Vs. BASANAGOUDA AND ORS.

JUDGEMENT

(1.) THIS appeal and cross objection are arising out of the judgment and award dated 16.05.2008 in MVC No. 244/2003 on the file of Prl.Civil Judge (SR.DN.) and CJM, and Member, MACT, Dharwad.

(2.) THE brief facts, which gave rise to the appeal and cross objection, are as under:

(3.) THE owner of the motorcycle in his statement of objections has contended that the accident had occurred purely due to rash and negligent driving of the tempo driver and as such, respondent No. 3 - Insurer is liable to answer the claim. As a result of the said accident, the pillion rider succumbed to the injuries and the rider of the motorcycle sustained grievous injuries. The driver of the Tempo registered a case against the rider of the motor cycle though there was no negligence on the part of the rider of the motorcycle. On the other hand, the insurer of the Tempo in its reply has contended that the accident has occurred purely due to the negligence of the rider of the motorcycle and police upon investigation have filed a charge sheet only against the rider of the motorcycle and hence, the Insurance Company sought for dismissal of the claim petition.