M RAVINDRA Vs. UNITED INDIA INSURANCE COMPANY LTD ,

JUDGEMENT

(1.) The claimant is before this Court in this appeal, aggrieved by the dismissal of the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short), under the impugned judgment and award dated 02.05.2012 on the file of the I Additional Senior Civil Judge, MACT-V, Davanagere (hereinafter referred to as 'the Tribunal' for short).

(2.) The appellant/claimant filed claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for the accidental injuries sustained by him in the road traffic accident occurred on 14.02.2009 at about 12.30 p.m. When the claimant was proceeding on the motor cycle of the first respondent bearing registration No.KA-16/Q- 5160 as a pillion rider of the motorcycle, to avoid the cattle which was proceeding ahead of him, the rider of the motorcycle suddenly applied break, as a result of which, the claimant fell down and sustained injuries. The claimant/petitioner was admitted to S.S. Hospital, wherein he took treatment as inpatient incurring Rs.50,000/- as medical expenses. It is also stated that he was earning Rs.10,000/- p.m. by doing business and due to the accidental injuries, he is not in a position to carry on the business as he was carrying on prior to the accident. Hence sought for compensation.

(3.) The respondent-insurance company appeared before the Tribunal and filed written statement denying the claim petition averments. The insurance company also denied the occurrence of the accident due to rash and negligent riding of the vehicle by the first respondent and the involvement of the offending vehicle in the accident in question and further contended that the accident in question is due to fall from his motorbike. Hence sought for dismissal of the claim petition.