UNITED INDIA INSURANCE COMPANY LIMITED Vs. ARUN KUMAR

JUDGEMENT

(1.) This appeal is filed challenging the judgment and award dated 22.10.2013 passed in M.V.C.No.578/2011 on the file of the Additional District and Sessions Judge and Additional MACT, Udupi, sitting at Kundapura ('the Tribunal' for short), questioning the fastening of the liability on the Insurance Company.

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

(3.) The factual matrix of the case is that on 21.02.2011 at about 10.30 p.m., the claimant was travelling in goods rickshaw bearing registration No.KA-20-A-9384 along with his goods and the goods rickshaw was driven by its driver from Uppunda side towards Byndoor side in a very high speed and rash and negligent manner and the driver lost control over the vehicle and met with an accident. Due to the accident, the claimant sustained grievous injuries.