BRANCH MANAGER ORIENTAL INSURANCE COMPANY LIMITED Vs. MALLANNA

JUDGEMENT

(1.) This is an appeal filed by the insurer challenging the judgment and award dated 04.04.2019 passed by the MACT-13, Vijayapur in MVC No.1233/2016. The Tribunal has awarded compensation in a sum of Rs.13,55,658/- towards the injuries sustained by the respondent - claimant.

(2.) The claim petition discloses that the respondent - claimant, who is practicing as a lawyer met with an accident on 11.05.2016 near health Club Solapur, Vijayapur, when he was riding his motorcycle bearing No.KA-28/ED-3836. The claimant - respondent was grievously injured and was shifted to Bhagyavanthi Multispeciality Hospital, Vijayapur, where he was treated for the fracture of left tibia and fibula. The respondent - claimant was treated as inpatient for about one month and he allegedly spent a sum of Rs.5,00,000/- towards medical expenses. The respondent - claimant claimed that he was earning Rs.1,00,000/- per month and due to the injuries sustained, he was not able to earn any income. Therefore, he filed a claim petition under Section 166 of Motor Vehicles Act claiming compensation of Rs.35,00,000/-.

(3.) The insurer contested the claim that the accident was occurred due to the rash and negligent riding of the claimant - respondent. It also contended that the compensation claimed was exorbitant.