SHIVARAMA PARAMESHWARA HEGDE Vs. SUBRAY HONNAPPA NAIK

JUDGEMENT

(1.) THE claimant is in appeal against the judgment and award in M.V.C. No. 141 of 2001 on the file of the M.A.C.T. at Karwar, being dissatisfied with the grant of compensation as also the order absolving insurer of its liability.

(2.) WE have heard the learned counsel on both sides.

(3.) HIS claim was resisted by the insurer, firstly, contending that the accident has not occurred in the manner stated by the petitioner and secondly, even if it were to be presumed that accident did occur, it was not due to negligence of its driver. Thirdly, it was contended that the driver did not have or possess effective driving licence as on the date of accident. The insurer also questioned the claim of the petitioner with regard to his loss of earnings and the physical disability that he suffered.