DIVISIONAL MANAGER Vs. C. SRINIVASA

JUDGEMENT

(1.) Heard the learned counsel for the appellant-insurer and the learned counsel for the first respondent-claimant, and the appeal is taken up for final disposal with the consent of the learned counsel for the parties.

(2.) The first respondent-claimant filed a claim petition in MVC No.556/2009 on the file of the Additional Senior Civil Judge and Additional MACT, Udupi (for short, 'the Tribunal'), seeking compensation for the injuries suffered by him in a road accident on 20.08.2008 when he was travelling on his motorcycle. The first respondent- claimant contended that the accident was brought about by a Maruti Omni car bearing registration No.KA-20-B-2461 because its driver was rash and negligent. The first respondent-claimant has also contended that he was inpatient with KMC Hospital, Manipal for about eight days initially and he had to undergo repeated hospitalization for treatment; he has spent over a sum of Rs.2,00,000/- towards 'medical expenses' out of which, a sum of Rs.1,25,000/- is paid directly to the Hospital by M/s. Reliance General Insurance Company from whom he had secured a medi-claim health policy covering such risk.

(3.) The Tribunal, on appreciation of the evidence on record, has found that the accident was because of the rash and negligent driving by the driver of the Maruti Omni Van. The Tribunal has awarded a sum of Rs.2,93,034/-, calling upon the owner of the Maruti Omni van and its insurer [the appellant] to pay this sum of Rs.2,93,034/- awarded under the following heads: