H G MAHESH Vs. HONNAMMA

JUDGEMENT

(1.) THIS is the claimant's appeal being aggrieved of the dismissal of the claim in M. V. C. No. 1369 of 1987 on the file of the Claims Tribunal, bangalore City.

(2.) THE brief facts of the case are as follows: the injured H. G. Mahesh, while he was proceeding on his Luna bearing registration No. CKD 566 at about 7. 00 p. m. on 22. 6. 1987 towards his house and reached near N. T. T. F. Bus Stop on Peenya Road that a Tempo bearing registration No. CAA 695 came driven at a high speed in a rash and negligent manner and dashed, as a result, he sustained fracture injuries. Due to the injuries suffered in the road accident, he presented a claim petition before the Motor Accidents Claims Tribunal, bangalore City claiming compensation of Rs. 1,00,000.

(3.) RESPONDENT No. 1, the owner of the tempo filed objections stating that the vehicle has been insured with New India assurance Co. Ltd. and the policy is valid as on the date of the accident and denied all other averments which are inconsistent with the objections statement and prayed to dismiss the claim petition.