RANGARAJU S/O KRISHNAPPA Vs. SRI VENKATESH S.L. S/O LAKSHMINARASIMHAIAH AND THE UNITED INDIA INSURANCE CO., LTD. BY ITS BRANCH MANAGER

JUDGEMENT

(1.) THE claimant in MVC. No. 7374/04 is challenging the judgment and award dated 27.1.2006 passed by the MACT, Bangalore, on the ground; that while allowing the claim petition filed by the claimant the court below has not awarded just and proper compensation and failed to fasten liability to pay compensation both on owner and as well as insurer of the offending vehicle.

(2.) BRIEF facts leading to this appeal are:

(3.) THE claimant lead evidence in support of his case and produced and marked in all 10 documents as Exs.P1 to P10. He also examined a Doctor by name Shivaprakash as PW.2 in support of his case. The Doctor who has given evidence states that the fracture suffered by claimant is fully united. However, the said fracture has caused disability to right lower limb to an extent of 44% which comes to about 15% to the whole body. The court below on appreciation of the oral and documentary evidence available on record proceeded to award compensation in a sum of Rs. 84,000/ - payable with interest at 6% p.a., from the date of petition till date of realization. However, while fastening liability to pay compensation the same is fastened on 1st Respondent owner of the vehicle and liability of the 2nd Respondent insurance company was exonerated.