MUSAVEER Vs. MOHAMMED RAFIQ

JUDGEMENT

(1.) The insurer and the claimant being aggrieved by the judgment and award dated 30.11.2009 in MVC No.274/2008 by the Fast Track Court-II cum Motor Accident Claims Tribuna-X at Bellary have filed these appeals.

(2.) It is the case of the claimant before the Tribunal that on 20.04.2007 at about 6.30 p.m., the petitioner was going along with his father by walk from Dalawala Maszid towards his house on proper side of the road. It is alleged that at that time one Tata Sumo bearing Registration No.Ka-35/M-4000 came from the opposite direction from Kasai Street driven by respondent No.3 in a rash and negligent manner and dashed to the petitioner, due to which, he sustained grievous injuries. Immediately he was shifted to VIMS Hospital, Bellary, where he took treatment from 24.04.2007 to 26.04.2007, thereafter he has taken treatment from other private doctors. Therefore he filed the petition claiming compensation of Rs.3,50,000.00 against the driver, owner and insurer of the offending vehicle.

(3.) In response to the notice, respondents No.1 and 3 remained absent and were placed ex parte. The respondent No.2-insurer appeared through counsel and filed written statement. He has admitted that the offending vehicle was insured with him. However he has denied that the accident took place due to the negligence of respondent No.3. He has denied that the driver had valid licence to drive the offending vehicle and denied injuries and also the medical expenses.