VANISRI Vs. IFFCO TOKIO GENERAL INSURANCE CO. LTD

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) has been filed by the claimant seeking enhancement of the amount of compensation, against the judgment dated 01.10.2014 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the MACT' for short).

(2.) Facts leading to filing of this appeal briefly stated are that on 30.11.2012 at about 3.40 p.m. the claimant was traveling as a pillion rider in scooter bearing registration No.KA01-EZ-2057. Near UCO Bank junction opposite to Forum Mall, Hosur Lashkar Road, Bangalore, the driver of the two wheeler drove the vehicle in a rash and negligent manner and lost control over the same, as a result of which the claimant fell down and sustained head injury as well as other injuries all over the body. She was shifted to St.John's Hospital, where she was treated for the injuries sustained by her in the accident.

(3.) The claimant thereupon filed a petition under Section 166 of the Act inter alia on the ground that the accident took place solely on account of rash and negligent driving of the driver of the scooter. It was further pleaded that the claimant was working as Government Servant in Central Government and was earning Rs.26,000/- per month. Accordingly, compensation to the tune of Rs.44,23,000/- was claimed. The respondent Nos.1 and 2 filed the written statement. The respondent No.1 admitted the issuance of the insurance policy in respect of the vehicle in question. It was also pleaded that neither the owner nor the jurisdictional police had informed the insurance company about the accident and therefore, it should be absolved of its liability and the claim of the claimant is excessive and exorbitant. The respondent No.2 pleaded that the policy of insurance was valid and effective and he deserves to be indemnified by the insurance company. It was also pleaded that the claim made by the insurance company was exorbitant.