NARAYANAPPA, MAJOR, S/O. LATE YELLAPPA, SULKUNTE VILLAGE, DOMMASANDRA POST, VARTHUR HOBLI, BANGALORE DIST. Vs. S. DHANAPALAM, MAJOR, S/O. C SUBRAMANI, NO. 21/3, SHIVAGANGA MATT ROAD, CHAMARAJPET, BANGALORE-560 018. AND THE REGIONAL MANAGER, M/S.

JUDGEMENT

(1.) BOTH these Miscellaneous First Appeals have arisen from the same impugned judgment and Award dated 15.4.2006 passed in MVC No. 840/2004 by the learned Judge, Small Causes (SCCH -3) and Member, MACT, Bangalore (hereinafter referred to as 'Claims Tribunal' for short).

(2.) MFA No. l 1311/2006 is filed by the insurer of the lorry bearing Regn. No. KA -01 -AB -7099, which was involved in the accident that occurred on 17.10.2003 at 8.30 a.m. on Sarjapur Main Road, Sulikunte, Bangalore, wherein the 1st Respondent in this appeal (claimant) sustained bodily injuries. The insurer has challenged in this appeal the correctness of the findings recorded by the Claims Tribunal in the impugned judgment as to the negligence on the part of the driver of the said lorry and also as to the liability of the Appellant -insurer to pay to the claimant the amount of compensation awarded in his favour. However, the Appellant - insurer has not disputed the quantum of compensation awarded by the Claims Tribunal under the impugned judgment and Award in favour of the injured claimant.

(3.) I have heard Sri. O Mahesh, Learned Counsel for the insurer (Appellant in MFA No. 11311/2006) and Sri. Shripad v. Shastri, Learned Counsel for the claimant (Appellant in MFA No. 11843/2006) and perused the entire material found in the original records obtained from the Claims Tribunal.