SMT. MALLAMMA Vs. SHAIKU

JUDGEMENT

(1.) Appellant is the claimant, being aggrieved by the judgment and award dated 12th October, 2010 made in MVC No.567/2008 passed by the Motor Accident Claims Tribunal, Gulbarga (hereinafter referred to as "the Tribunal" for short) dismissing the claim petition, has filed this appeal.

(2.) The claimant filed the claim petition contending that on 8-6-2006 at about 8.30 p.m. while the claimant was proceeding in an autorickshaw bearing registration No. KA-32/A-1033 along with other co-passengers on Filterbed Road, a lorry bearing registration No.MYP-4004 driven by its driver in a rash and negligent manner came from opposite direction and dashed against the autorickshaw. Due to the impact, the claimant and other co-passengers in the autorickshaw sustained grievous injuries. The claimant was shifted to Government General Hospital, Gulbarga. Thereafter, she had taken treatment in the private hospital. She claims that she had spent huge money for her treatment and sought for compensation of Rs.5,25,000/-. Further one of the co-passengers who had sustained injuries in the very accident also filed a claim petition in MVC No.568/2008 claiming compensation.

(3.) In pursuance of the notice issued by the Tribunal, the respondents 1 and 2 remained ex parte. Respondent No.3/Insurance Company filed written statement denying the rash and negligent driving of the offending vehicle. On the other hand, driver of the autorickshaw did not possess the valid and effective Driving Licence as on the date of accident. Due to negligence on the part of auto driver, the accident had occurred. Further, the offending lorry was not duly insured with respondent No.3. Hence, sought for dismissal of the claim petition.