M SHANKARAPPA Vs. SUJATHA W/O K NAGARAJU

JUDGEMENT

(1.) The claimant is before this court being aggrieved by the judgment and award dated 08.02.2010 passed in MVC No.4648/2008 on the file of the IV Additional Judge, Court of Small Causes and MACT, Bangalore, (hereinafter referred to as 'the Tribunal' for short) by which, the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 is dismissed.

(2.) It is the case of the claimant that, on 29.05.2007 at about 3.15 p.m. while proceeding towards Mulbagal town on his motorcycle bearing No.KA-01/V-5180 along with his friend, a goods tempo bearing registration No.KA-05/A-2603 came in a rash and negligent manner and dashed to the motorcycle, due to which, he fell down and suffered grievous injuries. Immediately after the accident, he took treatment at Government Hospital, Mulbagal and thereafter he took treatment at R.L.Jalappa hospital, Kolar as an inpatient till 18.06.2007. It is claimed that he was earning Rs.6,000/- p.m. as a Stone cutter and he has spent Rs.25,000/- towards his treatment.

(3.) In response to the summons issued, respondents No.1 and 2 appeared before the Tribunal and only respondent No.2 filed the written statement. In the written statement, the second respondent contended that the driver of the offending vehicle had licence to drive LMV (NT) but had no licence to drive LGV. It is also further denied the involvement of the offending vehicle in the accident.