N.K. SUDHINDRARAO, J.

1. With the consent of the learned counsel appearing for the parties, appeal is taken up for final disposal.

2. This appeal is preferred against dismissal of the claim petition under Motor Vehicles Act passed in MVC No. 1213/2012 by the I Additional Senior Civil Judge and Additional MACT-VII, Shivamogga, by its judgment and award dated 15-4-2014.

3. To avoid confusion and overlapping, the parties will be hereafter referred to their respective ranking before the Tribunal.

4. Respondent Nos. 1 and 2 herein are served and unrepresented, however, respondent No.3 is represented by its learned counsel.

5. Perused Lower Court records and heard learned counsel learned counsel for the parties.

6. Relevant facts; the reason for initiating the proceedings in MVC is claim by the appellant/petitioner that an accident occurred on 28-6-2012 at Bikkonahalli village, Shivamogga Taluk, when the petitioner was said to have been waiting at the bus-stop, respondent No. 1 drove the motor vehicle bearing Reg. No. KA-14-EC-2718 in a rash and negligent manner and hit the petitioner, due to which the petitioner sustained injuries to shaft of right femur, fracture of neck of r