HANMANTHRAO Vs. SHANTANGOUDA AND ORS.

JUDGEMENT

(1.) Appellant is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and award dated 04.10.2011 passed in MVC No. 1077/2008 by the Prl. Senior Civil Judge and MACT, Gulbarga (hereinafter referred to as 'Tribunal') and also fastening of the liability on the owner of the offending vehicle to compensate the claimant, has filed this appeal.

(2.) The appellant herein filed a claim petition contending that on 12.10.2007 at about 2.15 p.m. when the claimant along with his wife was proceeding on a motorbike bearing registration No. KA -25/3355 from Afzalpur to their native place Revoor -B, on Revoor -Mallabadi road, a motorcycle bearing registration No. KA -28/R -3669 ridden by its rider in a rash and negligent manner dashed against his motorbike. Due to the said impact, the claimant fell down and sustained grievous injuries. Immediately, he was shifted to the General Hospital at Revoor -B village and thereafter, he was shifted to Ashwini Hospital at Solapur, wherein he took treatment as an inpatient from 12.10.2007 to 22.10.2007. The claimant claimed that he has spent huge money for the treatment and sought for compensation of Rs. 21,05,000/ -.

(3.) In pursuance of the notice issued by the Tribunal, the 1st respondent - owner of the offending vehicle filed the written statement, denying the rash and negligent riding of the Honda Shine motorbike. He contended that the vehicle is covered by the insurance policy and the rider of the motorbike is having valid and effective driving license. Hence, sought for dismissal of the claim petition as against the 1st respondent.