RAJU ALIAS RAJANNA Vs. CHIKKANNA AND ANOTHER

JUDGEMENT

(1.) Appellant is the claimant, challenging the legality and correctness of the judgment and award, dated 27th November, 2009 passed in MVC No.605/2007 by the Civil Judge (Sr.Dn.) and Additional Motor Accident Claims Tribunal, at Kunigal (for short ' Tribunal- ), dismissing the claim petition filed by the appellant, has filed this appeal.

(2.) The appellant filed a claim petition contending that on 1-4-2007 at about 6.30 p.m., while he was proceeding in his bicycle at Urkehalli Chotanahalli road, near the garden land of Lakkaiah a Tractor-Trailer bearing Reg.No.KA-06-T-9288/9289 driven by its driver in a rash and negligent manner from Chotanahalli side and dashed against the bicycle, due to that the claimant fell down and sustained grievous injuries all over the body. Immediately after the accident, the claimant took treatment in CHC Kunigal. Thereafter, he has taken treatment at NIMHANS, Bengaluru and subsequently he continued his treatment at General Hospital, Tumkur. In the claim petition, the claimant claimed that prior to the accident he was maintaining good health and was working in the sugarcane crusher and earning Rs. 300/- per day. In addition to that he was earning Rs. 10,000/- per annum from the agricultural work. In view of the injuries sustained, he is permanently disabled to attend his regular work. Hence, he sought for compensation of Rs. 25,00,000/-

(3.) The Insurance Company alone defended the case by filing written statement denying the entire averments made in the claim petition and also contended that the insured vehicle is not involved in the accident. Subsequently, the insured vehicle was falsely implicated in this case in order to make unlawful gain. Hence, sought for dismissal of the claim petition.