NATIONAL INSURANCE COMPANY LIMITEDOFFICE Vs. RAGHU

JUDGEMENT

(1.) M.F.A. No.8169/2013 has been filed by the appellant Insurance Company; while M.F.A. No.10056/2013 has been filed by the injured claimant. Both appeals have arisen out of the judgment and award dated 24.06.2013 passed in M.V.C. No.335/2011 by the Senior Civil Judge and Additional MACT, Holalkere. The Insurance Company has assailed the judgment and award fastening the liability on the Insurance Company to pay the compensation, while the injured claimant has sought for enhancement of compensation and for modification of the impugned judgment and award.

(2.) The facts briefly stated are that, on 08.05.2011, evening at about 5.00 p.m., the injured claimant was going on a motor cycle bearing registration No.KA-16-V-0119 as a pillion rider. The said motor cycle was driven by one Siddappa. When they were going near Electronic City, the rider of the motor cycle drove the motor cycle in a rash and negligent manner over the road hump. As a result of which, the petitioner fell down and sustained grievous injuries on head and other parts of the body. The injured was shifted to Sparsh Hospital; after first aid, he was taken to Popular Hospital where he was admitted as inpatient for 10 days. After discharge form the said hospital, he has taken treatment in Basaveshwara Medical College and Research Hospital, Chitradurga for a period of two months. Due to the injuries caused in the accident, the petitioner has endured lot of pain and has also suffered permanent disability. The respondent No.1 being the owner of the motor cycle and respondent No.2 being the insurer are liable to pay the compensation.

(3.) On service of notice, the respondent Nos.1 and 2 appeared through their respective counsel and filed their written statement denying the averments made in the claim petition and also the liability to satisfy the award. The respondent No.2 has contended that the petitioner has not suffered any injuries in the accident said to have been caused by the motor cycle, but a false case has been registered with an intention to claim compensation.