LAWS(KAR)-2011-5-68

NATIONAL INSURANCE CO. LTD. NOW REP. BY ITS REGIONAL MANAGER Vs. SRINIVASA, S/O SUBBANNA AND Y. SHEKAR S/O Y. CHINNAPPA NAIDU

Decided On May 25, 2011
National Insurance Co. Ltd. Now Rep. By Its Regional Manager Appellant
V/S
Srinivasa, S/O Subbanna And Y. Shekar S/O Y. Chinnappa Naidu Respondents

JUDGEMENT

(1.) M .F.A. No. 6870/2005 is directed against the judgment and award in M.V.C. No. 302/2002 dated 2.5.2005 on the file of M.A.C.T., Kolar.

(2.) APPEAL is by the insurer, questioning the liability whereas, Cross Objection is by the claimant seeking enhancement of compensation.

(3.) CLAIMANT sought for compensation for the injury suffered in a road accident that occurred on 7.11.1996. It is alleged that, while claimant was proceeding on TVS motor bike bearing No. KA -07/E -6359, a lorry bearing No. AP -03/T -3231 came in a rash and negligent manner and dashed against the said motor cycle, as a result of which, claimant fell down and sustained grievous injuries and was hospitalised. In this regard, claimant sought for compensation towards injuries and disability suffered on account of the injuries.