AMBARESH Vs. SHIVU

JUDGEMENT

(1.) This is an appeal at the instance of the claimant calling in question the correctness of the judgment and award dtd. 16/1/2010 in MVC No.64/2009 passed by the learned Civil Judge (Sr.Dn) cum Member, VI-MACT, Kudligi (for short 'MACT').

(2.) Brief facts are that on 30/6/2008 at about 7.30 a.m. while claimant was proceeding on TVS champ motorcycle near Maremma temple, Toranagallu-Sandur road, Krishnanagar, the offending Trax bearing registration No.KA-35/7984 came from opposite direction driven by its driver in a rash and negligent manner and in high speed and dashed against the motorcycle of the petitioner and on account of the same, he fell down and suffered fracture of both bones of right leg and other injuries.

(3.) The claim petition was resisted by all the respondents by filing their separate statement of objections.