LAWS(KAR)-2018-7-468

R G SHASHIDHAR Vs. NATIONAL INSURANCE COMPANY LIMITED

Decided On July 27, 2018
R G Shashidhar Appellant
V/S
NATIONAL INSURANCE COMPANY LIMITED Respondents

JUDGEMENT

(1.) The appellant/claimant injured in the road traffic that occurred on 19.08.2009 has challenged the award dated 23.02.2011 passed by the Motor Accident Claims Tribunal, Court of Small Causes (SCCH-3), Bengaluru.

(2.) Brief facts of the case are that on 19.08.2009, at about 2.15 p.m., claimant was going in a motor cycle bearing registration No.KA-41-K-6972 from Ramanagaram towards Bengaluru on B.M.Road, near Mahadeshwara temple. At that time, a car bearing registration No.KA-02-5562 came in a high speed in a rash and negligent manner and hit the claimant's vehicle. The claimant lost control over the vehicle and dashed against the Tata Indica car. Due to this impact, the claimant fell down and sustained grievous injuries. Immediately, the appellant/claimant was taken to the Government Hospital, Ramanagara for first-aid and then he was shifted to KIMS Hospital, wherein he took treatment as inpatient. After recovering from the injuries, the appellant filed the claim petition before the Tribunal.

(3.) To establish his case, appellant got examined three witnesses i.e., PW-1-appellant himself, PW-2- Dr.S.Ramachandra and PW-3-Lingappa and he got marked 18 documents. On the other hand, the Insurance Company neither examined any witnesses, nor produced any documents.