GURAPPA Vs. GOUDAPPAGOUDA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 11. 5. 2006, passed by the Motor Accidents claims Tribunal, Jamkhandi in M. V. C. No. 260 of 2004.

(2.) THE appellant herein is the husband of deceased Kasturi who is alleged to have suffered fatal injuries in an accident that occurred on 4. 12. 2002 while she was proceeding on a motor bike bearing registration No. KA 29-2311 as a pillion rider. She succumbed to the injuries in the hospital on 5. 12. 2002. Her husband filed a claim petition under section 166 of the Motor vehicles Act seeking compensation in a sum of Rs. 11,00,000. It was contended before the Tribunal that the rider of the motor cycle rode the same in a rash and negligent manner so as to endanger human life and caused the grievous injuries when the motor cycle fell into a ditch.

(3.) CLAIMANT examined himself as PW 1 and one witness by name Fakiragouda ninganagouda Patil was examined as PW 2. Exhs. P1 to P16 were produced and got marked. No evidence was led in by the respondents though they contested the claim. A specific issue to the effect "whether the claimant proves that one Kasturi died on account of the accident due to rash and negligent riding of the motor cycle" came to be framed.