ABDUL RASHEED SAB Vs. ANJANEYAPPA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for respondent No.3. The learned counsel for respondent Nos.1 and 2 is absent.

(2.) This appeal is filed challenging the judgment and award dtd. 17/7/2015, passed in M.V.C.No.40/2012, on the file of the Senior Civil Judge and Member, Additional MACT, Harihara ('the Tribunal' for short).

(3.) The factual matrix of the case of the claimant before the Tribunal is that the accident was occurred on 13/11/2011 when the claimant was going to his house along with his relative at Halladakere cross abutting Shimoga road and at that time, respondent No.1 who was riding the motorcycle in a rash and negligent manner dashed against him, as a result, he fell down and sustained grievous injuries to his left leg and immediately he was taken to Government Hospital at Harihara and thereafter he was shifted to a private clinic at Davanagere and he took treatment in the hospital. In order to substantiate his claim he examined himself as P.W.1 and examined the doctor as P.W.2. On the other hand, the respondent examined one witness as R.W.1, who is the rider of the motorcycle and got marked the documents at Exs.R.1 and 2.