BRANCH MANAGER Vs. DEVENDRAPPA S/O SIDDAPPA

JUDGEMENT

(1.) The third respondent insurer in MVC No.163/2010 on the file of Senior Civil Judge and MACT,Gangavaithi has come up in this appeal impugning the judgment dated 21.07.2011 challenging the liability.

(2.) The brief facts leading to this appeal are that first respondent herein and another person by name Mohammed Azam met with an accident while travelling on motorcycle bearing registration No.KA36/R-9419. The said accident has taken place on 22.11.2009 at about 7.30 p.m. near Algilavada cross, Teligi village, Harapannalli taluka. In the said accident Mohammad Azam died on the spot and first respondent herein suffered grievous injuries. The complaint in that behalf was lodged with police on the next day early morning 02.00 a.m. i.e., in the intervening night of 22nd and 23rd of November 2009. The person who lodged complaint is one Mahbub Sab @ Babusab Maniyar who is relative of deceased Mohammed Azam.

(3.) According to him the accident has taken place due to hit by an unknown vehicle. In the complaint the type of the vehicle is not mentioned, number of the vehicle is not mentioned and there is clear recital that the accident is caused by unknown vehicle. The police after registering the complaint in the aforesaid manner proceeded to draw seizure panchanama on 14th December 2009 in seizing a tractor bearing registration No.Ka17/T-7734 on the premise that the said vehicle has caused accident resulting in the death of Mohammed Azam.