M S POORNIMA Vs. LAKSHMANA TIRAKAPPA HUNSHIKATTI

JUDGEMENT

(1.) THIS appeal is filed by the Insurance Company and the owner challenging the judgment and award in MVC No. 4 of 1996 on the file of Additional Motor Accidents Claims Tribunal, Haveri.

(2.) THE respondent filed a petition under Section 166 of the Motor Vehicles Act, 1988, claiming a compensation of Rs. 5,00,000/- towards the injury sustained by him in a road accident on 7-11-1994 at about 7. 00 a. m. near the Inspection Bungalow at Shiggaon. According to him, on the fateful day, he had gone in on his motor-cycle to a petrol bunk and thereafter to the garage of one Ramesh to check the air to his motor-cycle. He was proceeding to his business shop, at that time, the first respondent, being the driver of the luxury bus bearing No. KA-01/5145 came in a rash and negligent manner and caused the accident. On account of the same he was thrown out from the spot. He sustained grievous injuries. He was treated in the Government Hospital and later he was shifted to KMC, Hubli. He has spent Rs. 25,000/- towards his treatment. He was earning a sum of Rs. 100/- per day. On account of this accident, he has become totally unemployed as on today. In these circumstances, he claims total compensation of Rs. 5 lakhs from the respondent. Though notice has been ordered, respondent 1 and respondent 2 remained absent. Only respondent 3-the Insurance Company contested the matter.

(3.) THE Tribunal on the basis of the pleadings, framed 6 issues. The first issue was answered in favour of the respondent herein. The second issue was partly in favour of the petitioner. Issue nos. 3 and 4 are in favour of the petitioner. The Tribunal on evidence has now granted a total sum of Rs. 2,63,500/- payable by the appellant-Insurance Company with interest at 6% p. a. , from the date of petition. This award is challenged before me by the Insurance Company as well as the owner of the vehicle.