NATIONAL INSURANCE CO. LTD. Vs. G.S. BASAVARAJU

JUDGEMENT

(1.) The insurer as well as the claimant are before this Court assailing the judgment and award dated 8.3.2012 passed in MVC No.1400/2008 on the file of the Senior Civil Judge & XIX MACT, Chikkanayakanahalli.

(2.) The claimant filed claim petition under Section 166 of the M.V.Act claiming compensation for the accidental injuries sustained by him. It is stated that on 9.8.2008 at about 7.45 p.m. while the claimant was proceeding on his motor bike bearing Registration No.KA 44 H 610, a Tractor and Trailer bearing No.KA 44 T 2012- 2013 came in a rash and negligent manner and dashed to the motor bike due to which the claimant suffered grievous injuries. Immediately he was shifted to Primary Health Centre, thereafter to Victoria Hospital and Government Dental College, Bangalore. It is stated that the claimant was doing agricultural work and was earning Rs.8,000/- per month.

(3.) On service of notice, the respondent-insurance company appeared and filed its objections denying the claim averments. It has also denied the rash and negligent driving of the offending vehicle. Further, it contended that the rider of the offending vehicle was not having valid driving licence as on the date of the accident.