GOVINDASWAMY Vs. KANTESHA AND ORS

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for the 2nd respondent-insurer, perused the records.

(2.) This appeal is by the injured-claimant, challenging the legality and correctness of the impugned Judgment dated 11.08.2014, passed by the Senior Civil Judge and MACT., at Kadur, Chikmagalur district, made in M.V.C. No. 151/2008, whereby, the learned trial Judge dismissed the claim petition filed by the appellant herein, as not maintainable.

(3.) The facts of the case are that on 18.06.2006 at about 9.00 a.m., the injured-claimant being a pillion rider and deceased Sathish, the rider of the motorcycle bearing registration No. KA-18/L-6650 were returning from Begur village and moving towards N.G. Halli, near Hailapura village, after delivering the marriage invitation to the relatives of the petitioner. At that time, Tractor & Trailer No. P21002/GH000221, chassis No. QVTK 70604000541 came from opposite direction, driven in a rash and negligent manner by its driver, dashed against the motorcycle. Due to the said accident, the rider of the motorcycle, namely, Sathish died at the spot and the petitioner-appellant herein sustained grievous injuries. Hence, the petitioner-appellant filed claim petition under Section-166 of the IMV Act, 1989 and subsequently got amended the same under Section-163-A of the IMV Act.