JUDGMENT :

Ashok S. Kinagi, J.

1. This Appeal is filed under Section 173(1) of the MOTOR VEHICLES ACT , 1988 (hereinafter referred to as ‘M.V.Act,’ for short) by the petitioner challenging the dismissal of the claim petition vide judgment dated 27.11.2012 passed in MVC No.1794/2011 by the learned III Additional Senior Civil Judge and Additional MACT, Belgaum.

2. Brief facts, leading rise to the filing of this appeal are as follows:

3. On 21.04.2011, the petitioner was proceeding on a motorcycle bearing Registration No.KA-24/K-6271 as a pillion rider towards Salapur village, and one Basappa Adiveppa Jadar was riding the motorcycle. He was riding the motorcycle at a high speed in a rash and negligent manner, and as a result, lost the control over the motorcycle and dashed to the road side stone, and caused accident. Due to the impact, the petitioner and the said Basappa Jadar sustained grievous injuries. The petitioner filed a claim petition under Section 166 of the MV Act, seeking compensation for injuries sustained in the road traffic accident. Accordingly, prays to allow the claim petition.

4. A Notice was issued to the owner of the motorcycle. Despite the service of a notice, owner