D.GOVARDHAN Vs. SASHISH POOJARI

JUDGEMENT

(1.) Appellant being the claimant has filed this appeal challenging the legality and correctness of the judgment and award dated 7th June, 2014 made in MVC No.6227/2012 passed by the Motor Accident Claims Tribunal, Bangalore (hereinafter referred to as 'the Tribunal' for short) whereby the Tribunal has dismissed the claim petition filed by the claimant.

(2.) The appellant filed a claim petition contending that on 15-04-2012 at about 4.00 p.m., while he was proceeding on Honda Shine motor cycle bearing Registration No. KA-50-H- 4188 as a pillion rider along with his friend who was riding the said motor cycle, near Anjaneya Temple, the rider of the motor cycle rode the same with a high speed, in rash and negligent manner. While avoiding the pot hole on the road, the motor cycle skidded, the claimant ;ind his friend rider of the motorcycle fell down. The claimant has sustained grievous injuries. Immediately after the accident he was shifted to Harsha Hospital at Nelamangala wherein he took treatment as inpatient from 15-04-2012 to 19-04-2012. He claims that he sustained type-II compound fracture with large butterfly fracture of both bones of left leg. He further contended that he was practicing as an advocate and earning a sum of Rs. 60,000.00 p.m. In view of the accidental injuries, he cannot continue his professional work, thereby he has sustained huge loss of earning. He had to appoint one attendant to take care of him in the hospital. The accident in question is caused due to the negligence on the part of the rider of the motor cycle which was owned by the first respondent and insured with the second respondent. Hence both the respondents are liable to compensate the claimant jointly and severally, to an extent of Rs. 50,00,000.00.

(3.) In response to the notice issued by the Tribunal, the respondents entered appearance and filed written statement. The first respondent denied the rash and negligent riding of the motor cycle, however contended that as on the date of the accident, the insurance policy w as in existence. Hence, the insurer is liable to compensate the claimant.