ORIENTAL INSURANCE CO LTD Vs. RUDRAGOUDA IRANAGOUDA PATIL

JUDGEMENT

(1.) The Oriental Insurance Co. Ltd, Belagavi and the claimant being aggrieved by the judgment and award dated 30.06.2015 passed in MVC No.2726/2013 by the Prl . Senior Civil Judge and MACT, Belagavi have filed these appeals.

(2.) The case of the claimant before the tribunal is that on 26.07.2013 at about 8-45 a.m. , the petitioner was returning from his agriculturalland along with his father to his home. When he reached near village outer limits of Lagameshwar, Gokak Taluka, rider of Hero Honda Splendor bearing No.KA.49/J-8647 drove the same in very high speed, rashly and negligently and dashed to the petitioner. Due to the impact, the petitioner sustained grievous fracture injuries. He took treatment at Vi jaya Hospital by spending a sum of Rs.50,000.00. He was earning a sum of Rs.2,00,000.00 p.a. by doing agriculture. Therefore, he claimed compensation of Rs.8,00,000.00 against the owner and insurer of the of fending vehicle.

(3.) In pursuance to the notice, the respondents No.1 and 2 appeared before the tribunal and respondent No.1 filed the written statement, denied the petition averments. Respondent No.1 specifically contended that he is not responsible for the accident. His motorcycle was insured with respondent No.2. Hence, in case of liability, it may be saddled against Respondent No.2. Respondent No.2 filed detailed written statement, denied all the petition averments. Further, contended that the bike of the respondent No.1 was never involved in the accident. In fact, the petitioner had fallen from a two wheeler and sustained injuries. A false case was filed against respondent No.1 before the police to claim compensation from respondent No.2. Therefore, respondent No.2 prayed to dismiss the petition.