KRISHANSHETTY Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal is filed by the owner of the vehicle challenging the judgment and award passed in MV. C. No. 142/03 dated,9. 10. 07 by MACT, at Chennarayapatna.

(2.) THE relevant facts of the case for the purpose of consideration of the issue which arises in this appeal are that on 12. 11. 2000 at about 7. 45 a. m. , a minor boy of 14 years by name Man was walking in front of Lakshrhi engineering Works on B. M. Road, at that time, a tempo trax bearing No. KA-17-2224 belonging to the appellant herein was driven in a rash and negligent manner and dashed against him, as a result, he sustained grievous injuries. He was shifted to General hospital at Chennarayapatna and thereafter to Victoria hospital, Bangalore, where he was treated. Contending that he had suffered permanent disability on account of the accidental injuries, he filed the claim petition seeking compensation on various heads.

(3.) ON receipt of notice from the tribunal, the appellant-owner of the vehicle and the insurance company filed their separate written statements denying the liability to satisfy the award by contending that the allegations made in the claim petition were false.