SALAMON Vs. DEVARAJ

JUDGEMENT

(1.) The claimant in MVC No.64/2018 on the file of the Senior Civil Judge and JMFC, Kalghatagi, has come up in this appeal impugning the judgment dated 2/1/2019.

(2.) The claimant contended before the Tribunal that on 22/9/2011 at about 9.00 p.m. while he was going as pillion rider in Activa Honda Motorcycle bearing registration No.KA-25/EE-7145 on Hubballi-Karwar road near. Inchanalli cross, the rider of motorcycle drove the same in a great speed and negligent manner, thereby lost control over the motorcycle and he fell down from the motorcycle and sustained grievous injuries. He was shifted to Balagi Institute of Neuroscience and Trauma Hospital, Hubballi and where he has taken treatment as an inpatient and now he has become disabled due to injuries sustained in the accident. Therefore, he filed claim petition against the owner and insurer of the motorcycle stated supra claiming compensation of Rs.20,00,000/-.

(3.) Respondent Nos.1 and 2 appeared before the Tribunal through their counsel and filed statement of objections separately, wherein they have denied the very accident and involvement of the motorbike belonging to respondent No.1 and that he drove the said vehicle in a rash and negligent manner and caused the accident. Respondent No.2-Insurance company has contended that claim petition is false, frivolous and vexatious and that the alleged vehicle is not at all involved in the accident. On the other hand, initially case was registered against unknown lorry which was never traced and after six months, from the date of accident, the police have filed false charge sheet against respondent No.1.