NATIONAL INSURANCE CO. LTD. Vs. MADHAVA GOWDA

JUDGEMENT

(1.) This appeal is filed by the insurer challenging the judgment and award dated 01.06.2015 passed by the Principal Senior Civil Judge and A.C.J.M. and MACT at Puttur in MVC No.1645/2012, whereby the Tribunal has granted a compensation of Rs.5,91,000/- with interest at 6% p.a. and fastened liability on the insurance company to pay the compensation.

(2.) The brief facts of the case are that on 25.04.2012 at about 6.15 a.m. claimant was traveling in the Maruthi Omni bearing registration No.KA-21/N-1191 along with others from Kaikamba side towards Gurupura. When the vehicle reached near Gurupura town of Mulur Village, Mangalore Taluk, a tempo bearing registration No.KA19/2737 driven by its driver came in the same direction in front of the Omni in a rash and negligent manner and suddenly without giving signal applied the brake. Consequently, even though the driver of the Omni also applied brake to avoid accident, the Omni dashed the said tempo. Due to the impact claimant sustained grievous injuries. He was immediately taken to A.J.Hospital, Mangalore and was inpatient for 17 days and even after discharge also he was taking follow up treatment. After recovering from the injuries, claimant filed a claim petition under Section 166 of the Motor Vehicles Act before the Tribunal in MVC No.1645/2012.

(3.) To establish his case, claimant examined himself as PW4 and Dr.Ullas Shetty as PW5 and got marked 77 documents as Exs. P1 to P77. On the other hand, on behalf of the Insurance Company, two witnesses were examined as RWs. 1 and 2 and got marked 3 documents as Exs.R1 to R3. On appreciation of the oral and documentary evidence, the Tribunal granted a compensation of Rs.5,91,000/- with interest at 6% p.a. and fastened the liability on the insurance company. Being aggrieved by the fastening of liability as well as quantum of compensation, insurance company has filed this appeal.