CHANDRAPPA Vs. MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The present appeal has been preferred by the appellant-claimant assailing the judgment and award dated 27.09.2012 passed by the Addl. Senior Civil Judge and JMFC cum Member, MACT-VII, Hospete in MVC No.403/2010.

(2.) The brief facts of the case as per the claim petition are that, on 22.06.2009 at about 9.15 pm, the claimant was proceeding on a motorcycle bearing registration No.KA-35/Q-3185 as a pillion rider and one Mallaiah was riding the said motorcycle. When the said motorcycle came near Airtel Tower, a lorry bearing registration No.KA-25/B-5051 came in a rash and negligent manner and dashed to the motorcycle, due to which both the rider of the motorcycle as well as the pillion rider fell down and sustained grievous injuries. Immediately the claimant was shifted to the Government Hospital, Munirabad and thereafter he was shifted to the Government Hospital, Hospete and there he was taken treatment as an inpatient for 1 months and also taken treatment with a private doctor. It is further submitted that the claimant was hale and healthy and was earning Rs.200/- per day by doing agricultural coolie work. As such, he prayed to award the compensation.

(3.) After service of notice, respondent No.1 has not appeared. Respondents No.2 and 3 have appeared and respondent No.2 has also not chosen to file any written statement. Respondent No.3 insurer has filed his objection by denying the averments made in the claim petition. It was contended that the driver of the offending vehicle is not having valid driving licence as on the date of accident and as such, he is not entitled to claim any compensation. On these grounds, he prayed to dismiss the petition.