ORIENTAL INSURANCE CO LTD Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) This appeal is filed by the Insurance Company challenging the Judgment and Award passed in MVC No.12/2003 dated 11.01.2010 on the file of the Civil Judge (Sr.Dn.) and Motor Accident Claims Tribunal, Madikeri [ Tribunal , for short], questioning the liability.

(2.) The factual matrix of the case is that on 27.10.2002 at about 7.30 p.m. when the petitioner was proceeding on his Hero Honda Motor Bike bearing registration No.KA-12/E-9002 on B.M. Road near Doddahonnur Gate, all of a sudden one buffalo came across, due to which he lost control and fell down on the road. As a result, the petitioner sustained injuries and immediately he was taken to Kushalnagar Government Hospital for treatment and later, he was shifted to City Hospital Research and Diagnostic Centre, Mangalore and there he was taken treatment as an inpatient from 27.10.2002 to 9.11.2002. He spent huge amount for medical treatment and he lost his income during the said period.

(3.) Pursuant to the claim petition, notice was issued against respondent-Insurance Company. The Insurance Company filed written statement contending that the petitioner/claimant cannot claim any compensation. The claimant, to substantiate his claim, examined himself as PW.1 and got marked the documents as Exs.P.1 to P.28. Through the Court Commissioner Exs.C.1 and C.2 were marked. The Insurance Company did not adduce any evidence. The Tribunal, after considering the materials on record, allowed the claim petition in part granting compensation in a sum of Rs.82,600/- with interest at 6% per annum from the date of petition till the date of deposit.