MAMATHA N., Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Though the matters are listed for admission today, with the consent of the learned counsel for both the parties, they are taken up for final disposal.

(2.) The parties are referred to as per their original rankings before the Tribunal to avoid confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that the injured in the claim petition has contended that on 18.06.2011 at about 1.10 p.m. when he was proceeding near swimming pool, National College, Shankarapuram, Basavanagudi, Bengaluru, due to rash and negligent driving of the driver of the Car bearing registration KA-51-M-6687, the claimant sustained grievous injuries. As a result, she suffered physical disability. The claimant in the claim petition has contended that she was working as a Lab Assistant of Government of Karnataka, Department of Health and Family Welfare, Bengaluru and was earning an amount of Rs.10,000/- per month and due to the accident, she is unable to continue with the work. Respondent-Insurance Company appeared through the counsel and filed the detailed objections disputing the accident as well as the nature of injuries, employment and the income. The claimant, in order to substantiate her claim, examined herself as P.W.1, the doctor as P.W.2 and another witness as P.W.3 and got marked the documents at Exs.P1 to P11. Respondent-Insurance Company examined one witness as RW.1 and got marked documents at Exs.R1 and R2.