RAJENDRA NAYAK Vs. MANJUNATHA

JUDGEMENT

(1.) The claimant as well as the insurance company are in appeal challenging the judgment and award passed by the Additional Motor Accidents Claims Tribunal and Principal Senior Civil Judge, Udupi ['MACT' for short] in MVC No.263/2014 dated 04.08.2015 whereby the MACT has determined the total compensation of Rs.9,25,160/- [Rupees Nine Lakhs Twenty Five Thousand One Hundred and Sixty only] with interest at the rate of 8% per annum from the date of petition till the date of actual deposit, relating to the road traffic accident, the subject matter of MVC No.263/2014 filed under Section 166 of the Motor Vehicles Act, 1988 ['Act' for short] by the claimant seeking compensation for the injuries sustained by him.

(2.) The claimant has filed the claim petition under Section 166 of the Act alleging actionable negligence on the part of the driver of the offending vehicle - APM bus bearing registration No.KA-20-B- 3337 duly insured with the insurance company - Reliance General Insurance Company Limited. It was contended that on 21.09.2013 at about 9.55 a.m., when the claimant was riding his motorcycle bearing registration No.KA-20-J-3883 from Udupi Samskrit College to City Bus Stand side, near Naghabana of Brindavana Junction Cross, he met with the road traffic accident owing to the rash and negligent driving of the offending vehicle. As a result, he sustained grievous injuries culminating in physical disability for life.

(3.) In the aforesaid proceedings, the driver and the owner of the offending vehicle remained absent. The insurance company contested the matter. The MACT after framing the issues and considering the material on record, awarded the total compensation of Rs.9,25,160/- [Rupees Nine Lakhs Twenty Five Thousand One Hundred and Sixty only] with interest at the rate of 8% per annum, fastening the liability on the insurance company to pay the compensation amount as awarded and to deposit the same within a period of 60 days from the date of the order.