ORIENTAL INSURANCE COMPANY LIMITED Vs. VISHWANATHA

JUDGEMENT

(1.) This appeal is filed by the appellant-Insurance Company challenging the judgment and award dated 05.01.2010 passed in M.V.C.No.464/2007 on the file of Additional District Judge and Motor Accident Claims Tribunal at Chikmagalur ('the Tribunal' for short).

(2.) The parties are referred to as per their original ranking before the Tribunal in order to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that, on 01.10.2006 at about 6:30 p.m, while the petitioner was traveling in a Lorry bearing registration No.KA-29/2687, as a cleaner on Mallenahalli-Chikmagalur road in Hospet village, the driver of the said lorry drove the same in a rash and negligent manner, dashed against KEB Electric Pole and caused the accident, resulting in grievous head injuries to the petitioner. He was shifted to MG hospital, Chikmagalur and thereafter he took further treatment in NIMHANS, Bengaluru. As a result of the injuries sustained by him, he became disabled. He was a student-cum-cleaner and earning Rs.150/- per day and spent a huge amount for medical treatment.