SANTOSH Vs. MANJUNATH AND ORS.

JUDGEMENT

(1.) Appellant is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and award dated 13.10.2010 passed in MVC No. 1431/2008 by the Motor Accident Claims Tribunal, Gulbarga (hereinafter referred to as 'MACT) has filed this appeal.

(2.) The case of the claimant is that on 29.04.2008 at about 11.00 a.m. while the claimant along with his friend was proceeding on a motorbike bearing registration No. CTD -2322 towards Sri Kottur Basaveshwar Temple at Rukmapur village, a lorry bearing registration No. KA -27/2979 being driven by its driver in a rash and negligent manner and in a zigzag manner dashed against the motorbike. Due to that, the claimant fell down and wheel of the lorry ran over his right leg and hand; due to which the claimant has sustained the fracture of Ist rib, fracture of the clavicle of right side, comminuted fracture of proximal shaft of tibia, comminuted fracture of the right femur, fracture to stylod process of right ulna, fracture of medial side of the lower end of right radius and other grievous injuries. Immediately after the accident, he was shifted to General Hospital, Shorapur. Thereafter, he was shifted to Basaveshwar Hospital, Gulbarga. He took treatment therein as an inpatient for a period of eight days. He claimed that he spent huge money for the treatment. Hence, sought for compensation of Rs. 12,80,000/ -.

(3.) In pursuance of the notice issued by the MACT, though the owner of the offending vehicle was served with notice, he remained unrepresented. The 2nd respondent -insurance company filed written statement, denying the entire averments made in the claim petition and also contended that due to the negligence on the part of the rider of the motorbike, the accident occurred. Further, the driver of the lorry was not holding effective driving license at the time of accident. Hence, the insurer is not liable to compensate the claimant and sought for dismissal of the claim petition as against the second respondent.