DODDALINGAIAH Vs. RAMACHANDRA, N C AND ANOTHER

JUDGEMENT

(1.) Appellant has filed this appeal challenging the legality and correctness of the judgment and award dated 31-1-2011 made in MVC No. 631/2010 passed by the II Additional District and Sessions Judge and Motor Accident Claims Tribunal, Tumkar (hereinafter referred to as "the Tribunal" for short) dismissing the claim petition filed by the claimant.

(2.) The appellant herein filed a claim petition contending that on 6-10-2010 at about 3.30 p.m., while he was proceeding on the left side of Tumkur-Tovinakere road by walk, a motor bike bearing Registration No. KA-52-11-2359 ridden by its rider in a rash and negligent manner dashed against the claimant, due to which, the claimant fell down and sustained grievous injuries. Immediately he was shifted to the District Hospital, Tumkur. He was inpatient for a period of 22 days and he has sustained injuries to all over the body and fracture of both the bones of left leg. He has spent huge money for his treatment. Prior to the accident, he was working as an agriculturist and doing business earning Rs. 6,000/- p.m. In view of the injuries and fracture he has sustained, he is disabled to do any work. Hence sought for compensation of Rs. 5,00,000/-.

(3.) Though the first respondent was served with notice, he remained unrepesented. The second respondent/insurance company before the Tribunal filed written statement denying the entire averments made in the claim petition and also disputed the occurrence of the accident. It was specifically contended that a false case has been set up in order to claim the compensation and sought for dismissal of the claim petition.