MALLANAGOUDA Vs. RAJU HANUMANTHAPPA MALLAPUR

JUDGEMENT

(1.) The claimant being dissatisfied by the judgment and award dated 27.09.2012 passed in MVC No.21/2011 by the Senior Civil Judge and JMFC, Hirekerur has filed this appeal.

(2.) It is the case of the claimant before the Tribunal that on 03.07.2006 at about 4.30 p.m., the petitioner was proceeding on his bicycle on the left side of the road near Yattinahalli and at that time one auto rickshaw bearing registration No.Ka-27/8090 driven by its driver in a rash and negligent manner with great speed came from Hosakatti side and dashed against the bicycle, due to which the petitioner sustained grievous injuries. He was treated in the City Central Hospital, Davangere and thereafter at Kasturba Hospital, Manipal. He has spent Rs.1,00,000/- for the treatment. He was doing agricultural work and earning Rs.10,000/- p.m. Due to the accidental injuries, he is suffering from permanent disability and unable to do any work. Therefore he claimed compensation against the owner and insurer of the offending vehicle.

(3.) In response to the notice, respondent No.1 remained absent and was placed ex parte. Respondent No.2 the insurer appeared before the Tribunal and filed written statement. The age, occupation and income of the petitioner are not admitted by the respondent.