SAMEER DAS S/O LATE NAVEEN CHANDRA DAS Vs. THE MANAGER THE ORIENTAL INSURANCE CO LTD., REGIONAL OFFICE, LEO COMPLEX, RESIDENCY ROAD CROSS, M.G. ROAD, BANGALORE - 560 001 AND UMAVIVEKANANDA EXECUTIVE DIRECTOR VIVEK HOTELS PVT LTD., JLB ROAD, MYSO

JUDGEMENT

(1.) BEING aggrieved by the Judgment and award dated 27.12.2008 passed in MVC.No.279/2008, on the file of the 14th Addl. Judge, Court of Small Causes, Member, MACT, Bangalore (SCCH -10), the claimant has filed the present appeal.

(2.) THE case of the claimant is that on 12 -12 -2007 at about 10.30 a.m. when he was riding a two wheeler bearing NO.KA -04 -EV -2147 2147 in front of Ravikiran Apartments, Shivajinagar, Bangalore a car bearing No.KA -09 -P5 came in a rash and negligent manner and dashed against his vehicle causing the accident. The claimant sustained injuries. He was shifted to the hospital and he underwent treatment. Thereafter claim petition was filed. By virtue of the impugned Judgment and award a sum of Rss.74,770/ - was awarded with interest at 8% per annum from the date of Petition till the date of deposit. Being dissatisfied with the same the present appeal is filed.

(3.) THE learned counsel appearing for the respondent No.1 defends the impugned Judgment and award.