B K NANJUNDE GOWDA Vs. B S DEEPAK

JUDGEMENT

(1.) This appeal is slated for admission. With consent of the learned counsel for the appellant and the respondents, the matter is taken up for final disposal.

(2.) The factual matrix of the appeal are as under: It is stated in the claim petition that on 8.2.2008 at about 10.30 a.m. when the minor petitioner namely, B.S.Deepak and his father Shivalingegowda were standing at Balavalli gate, the driver of goods auto rickshaw bearing registration No.KA-11/4781 came in a rash and negligent manner from Bindiganavile village and hit against the minor petitioner, due to the said impact, he sustained injuries on the left knee, head, face and other parts of the body. Immediately, the injured was shifted to A.C. hospital, B.B.Nagara, Nagamangala for treatment. Subsequent to providing first aid, injured was referred to KIMS hospital, Bangalore for higher treatment. At the time of accident, claimant-B.S.Deepak was minor, aged about 16 years and was a student of 10th standard. Due to the accidental injuries sustained, he could not attend the classes and also annual examination for the said year. On these grounds, as alleged in the claim petition, claimant has sought for compensation from the respondents.

(3.) In pursuance to service of notice, the appellant herein/owner of the vehicle appeared through counsel and also filed objection in detail resisting the claim petition. Though he has admitted that at the time of accident in question he was the owner of the said autorickshaw and it was having valid insurance with the 2nd respondent-National Insurance company, but has contended that the accident in question has not occurred in the manner as stated by the claimant.