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HIGH COURT OF KARNATAKA
HANCHATE SANJEEVKUMAR, J
M/S. TATA AIG GENERAL INSURANCE COMPANY LTD. – Appellant
Versus
RAJANNA D S/O DODDA RAJAPPA – Respondent
| Table of Content |
|---|
| 1. claimant's injuries were a result of his own actions. (Para 1 , 2 , 3) |
| 2. court emphasized the reliance on medical records and evidence. (Para 4 , 8) |
| 3. arguments centered on the claimant's actual role in the incident. (Para 5 , 6) |
| 4. findings led to ruling against the claim. (Para 10) |
| 5. order of the court to dismiss the claim. (Para 11) |
JUDGMENT
This appeal is filed under Section-173(1) of the Motor Vehicles Act 1988 (hereinafter referred to as ‘MV Act’ for brevity) by the appellant–insurance company, calling in question the judgment and award dated 04.05.2015, passed in M.V.C.No.44/2013, on the file of the Additional Senior Civil Judge And MACT XIII, Madhugiri (hereinafter referred to as ‘the Tribunal’ for brevity) stating that the claimant himself had fallen from the bike and had sustained injuries.
Brief facts:
2. On 09.05.2012, at about 9.30 p.m., when the claimant was proceeding in the motor cycle bearing registration No.KA-06-EE-0072 as a pillion rider and proceeding to Hosakere. At that time, when the said vehicle came near Muthurayanaswamy Temple, Lakshmidevipura on Rantavalalu-Hosakere road, Madhugiri at that point of time, the driver of the motor cycle is
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