DIVISIONAL MANAGER Vs. UMASHANKAR

JUDGEMENT

(1.) The appeal in MFA No.102087/2016 preferred by the Insurance Company and the Cross Objection No.100005/2017 preferred by the claimant lay a challenge to the Judgment and Award dated 2.3.2016, passed by the Addl. MACT, Kumta ('the Tribunal' for short), in MVC No.29/2014, wherein a compensation of Rs.28,09,257/- with interest at the rate of 6% p.a. has been awarded with usual condition of bank deposit of 60% for a period of three years, five years and seven years and the remaining amount to be released to the claimant. The appeal preferred by the insurer is founded on excessive compensation awarded by the Tribunal and that Cross Objection of the claimant is founded on inadequacy of compensation.

(2.) Brief matrix of the case is as under: On 5.6.2011 while the claimant was riding his motorcycle bearing Registration No.KA-47/J-1494 towards Kumta from Morba on NH-17 with utmost caution and care, one lorry bearing Registration No.KA-01/D-5562 came in a rash & negligent manner endangering human life and personal safety of others, near Tandarkuli on NH-17, dashed against the motorcycle. As a result, the claimant sustained grievous injuries, and he was shifted to Government Hospital, Kumta and thereafter to Kasturaba Hospital, Manipal. Hence the claimant preferred claim petition seeking compensation.

(3.) After service of notice to the respondents, the first respondent remained absent and was placed ex parte. The 2nd respondent insurer appeared through its counsel before the Tribunal and filed the statement of objections denying the entire claim made by the claimant and took a plea that the rider of the motorcycle was responsible for the occurrence of the accident thereby liable for contributory negligence and sought for dismissal of the claim petition.