H.S.KEMPANNA, J. - (1.) THIS appeal by the claimant is directed against the impugned judgment and award dated 8.8.2008 passed in MVC No. 7944/2006 by the MACT, Court of Small Causes, Bangalore City (SCCH -10) dismissing the claim petition preferred by the Appellant -claimant.
(2.) THE brief facts of the case are: The Appellant -claimant filed the claim petition claiming compensation in respect of the bodily injuries which he sustained in a motor accident that took place on 23.10.2006 at about 9 a.m. near Vaddanakunte village involving the lorry bearing Regn. No. CAW 2813 owned by the second Respondent and insured with the first Respondent at the relevant point of time. In the impugned accident he sustained severe injuries for which he took treatment in the hospital by spending huge money. Despite the same, he was not completely cured of the injuries due to which he is unable to carry on his avocation as cleaner which has resulted in loss of income. Accordingly, he sought for compensation from the Respondents. After service of notice, the second Respondent -owner remained absent. Hence, he was placed exparte. The first Respondent -insurer of the offending vehicle appeared and contested the claim of the Appellant. It was contended that the accident did not take place on account of the fault of the driver of the lorry. On the other hand, it took place due to the fault of claimant himself. They also further contended that their liability if any is subject to the terms and conditions of the policy issued. Apart from the same, they also denied all other allegations made in the petition and sought for dismissal of the petition as against them.
(3.) ON the basis of the above pleadings, the Tribunal framed the following issues: 1. Whether the Petitioner proves that on 23.10.2006 at about 9 a.m. when the Petitioner was pedestrian at Vaddanakunte village, Anjanapura, Uttarahalli Hobli, Bangalore Urban taluk, then there was an accident due to the actionable negligence on the part of the driver of Lorry bearing No. CAW -2813, thereby the Petitioner sustained injuries? 2. Whether the Petitioner is entitled for any compensation? If so, what amount and from whom? 3. To what order or award?;