NATIONAL INSURANCE CO.LTD Vs. T.RAMANA REDDY

JUDGEMENT

(1.) These two appeals are filed by the Insurance Company and the claimant, respectively challenging the judgment and award dated 10.02.2010 passed in M.V.C.No.6695/2008, on the file of the MACT, Court of Small Causes, Bengaluru (SCCH-15) questioning liability and the quantum.

(2.) The factual matrix of the case is that on 06.03.2007 at about 4.30 p.m., the petitioner was proceeding on a Hero Honda Passion motor bike bearing No.KA-02-EV-798 towards Madigabanda Village from Gummakallu Village on the way to Palamaner-Bangalore Road, NH-4. When he reached near RTO check post, at that time, a container lorry was stationed on the road. The petitioner hit the container lorry from behind which resulted in the accident and sustained grievous injuries on his legs and other parts of the body. Immediately, he was shifted to Government Hospital, Palamaner for first aid and thereafter to R.L.Jalappa Hospital, Kolar and he took treatment as an inpatient. He had spent huge amount for medical expenses and also sustained permanent disability. Hence, the claimant filed the claim petition under Section 163A of the Motor Vehicles Act, 1988 (' MV Act ' for short), claiming the compensation of Rs.4,00,000/-.

(3.) In pursuance of the claim petition, notice was issued against respondent Nos.1 and 2. Respondent No.1 did not appear before the Tribunal and was placed exparte. Respondent No.2 - Insurance Company filed the written statement contending that the petitioner has not made the owner and the insurer of the lorry as parties to the petition. Hence, the petition is not maintainable. However, admitted the policy and contended that the liability is subject to terms and conditions of the policy. It is also contended that the accident had taken place due to rash and negligent driving of the petitioner himself. The alleged accident is a self-accident and the petitioner is not a third party. Hence, the Company is not liable to pay any compensation.