NATIONAL INSURANCE COMPANY LTD Vs. DATTATAREYA T R

JUDGEMENT

(1.) Both the insurer as well as the claimant are before this Court challenging the judgment and award dated 5.12.2017 passed in MVC No.719/2016 by the III Addl. District Judge and Addl. MACT-III, Shivamogga ['Tribunal' for short].

(2.) The petition averments are that on 17.4.2016 the claimant while moving on his bike bearing Reg.No.KA-18-W-4652 on NH 206, opposite to Fire Office, Kadur Town, Chikkamagalur District, met with the road traffic accident owing to the speeding lorry bearing Reg. No.KA-14-A-7389 [offending vehicle] crashing against his vehicle.

(3.) It was alleged that actionable negligence on the part of the driver of the offending vehicle coming from the opposite direction on the wrong side in an endangerous manner was the cause of the accident in question. Immediately after the accident, the driver of the offending vehicle fled away from the spot with the lorry. Due to the impact of accident, the claimant had sustained grievous injuries. He was shifted to various hospitals for medical treatment and underwent several surgeries. Despite the best treatment given, he was not able to regain his consciousness. As the victim was under coma, the petition was filed by the wife of the claimant. Two attenders and two nurses were required to take care of him. He was on constant medication, the feeding has to be made through the nose from rice tube.