ORAL JUDGMENT

Heard Sri.Sampath Kumar who appears physically before this Court and represents Sri.Pratheep.K.C, learned counsel on record for the appellant. Also heard Sri.O.Mahesh who appears through video conference and represents respondent No.2.

2. Challenge in this appeal is the order that is rendered by the Motor Accident Claims Tribunal, Channarayapatna in MVC No.755/2015 dated 05.09.2017. This is a claimant's appeal.

3. The matrix of the case as projected by the appellant before the Tribunal is that on 04.01.2015 at about 9.30 p.m., while he was proceeding on his TVS XL motorcycle bearing registration No.KA-13-X-2120 along with his relative and when they reached near milk diary of Jodigatte, took u-turn and were proceeding towards Hirehalli Village, the rider of motorcycle bearing registration No.KA-13-V-3715, drove his vehicle in a rash and negligent manner endangering human life and at a high speed, came on the extreme right side of the road and dashed against his motorcycle, due to which he fell down and sustained injuries.

4. Learned counsel for the appellant submits that the appeal is filed on two grounds. Firstly, that there is no contributory negligence whatsoever on the