LAWS(KAR)-2011-3-278

MUNIYAPPA, S/O LATE YELLAPPA Vs. R. SHEENAPPA MOOLYA, S/O GURUVA MOOLYA, NATIONAL INSURANCE CO. LTD., REP. BY ITS MANAGER, SRIDHAR, S/O VENKATASWAMY REDDY AND UNITED INDIA INSURANCE CO. LTD., REP. BY ITS MANAGER

Decided On March 11, 2011
Muniyappa, S/O Late Yellappa Appellant
V/S
R. Sheenappa Moolya, S/O Guruva Moolya, National Insurance Co. Ltd., Rep. By Its Manager, Sridhar, S/O Venkataswamy Reddy And United India Insurance Co. Ltd., Rep. By Its Manager Respondents

JUDGEMENT

(1.) CLAIMANT in MVC 238/2003 on the file of First. Additional Civil Judge (Sr. Dn.) Bangalore Rural is the Appellant in this appeal.

(2.) CASE of the claimant -Appellant is that on 13.12.2002 he was standing near main gate of MVR gases. The said company is situated on Sarjapur -Attibele road, then the lorry with empty gas cylinders bearing registration No.KA -19/B -6474 while entering into the main gate of MVR Gases, the Toyota Qualis bearing registration No. KA -04/Z -2174 has dashed against it, resulted in qualis hitting the Petitioner. It resulted in injuries. For the pain, sufferings and agony Petitioner claims a sum of Rs. 9,45,000/ - as compensation.

(3.) RESPONDENT No. 3 contends that there is no mistake on the driver of the Qualis, only on humanitarian grounds the injured was shifted to hospital by spending nearly 15,000/ - for treatment. Respondent No. 4 the United India Insurance Company has also filed a similar objections as that of Respondent No. 2.