UNITED INDIA INSURANCE CO LTD Vs. T PRAVEEN

JUDGEMENT

(1.) THIS appeal by the Insurer is directed against the impugned judgment and award dated 27th May 2010 passed in MVC No. 3235/2009 by the XVI Additional Judge, Court of Small causes, Member, MACT, Bangalore (SCCH-14), (for short, 'Tribunal'), for reduction of compensation on the ground that, the compensation of Rs.5,57,240/- awarded in favour of the claimant as against his claim for Rs.20,00,000/- is excessive and is on the higher side and is liable to be reduced.

(2.) THE facts in brief are that, since the claimant /respondent herein is mentally insane, he is represented by his next friend/father, Shri.S. Thirukumar. He filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 1:00 P.M, on 07-02-2009, when the claimant was travelling in the motor cycle, bearing No.KA- 08/K-5549, as pillion rider, which was ridden by Ashok A., slowly and cautiously, on the correct side of the road, at Sampath Mosaic Tiles Factory, at Parandahalli village, a Tractor and Trailer bearing Nos.KA-08/2537 & 2538 came from opposite direction i.e. from KGF side at high speed, in a rash and negligent manner and dashed against the claimant. Due to the impact, the claimant sustained grievous injuries, such as lacerated wound over right frontal to temporal region, right humerus fracture, left femur fracture, a lacerated wound left knee with knee joint is exposed, tenderness over left patellar region.

(3.) I have heard learned counsel for appellant/Insurer and learned counsel appearing for claimant/respondent, for quite some time.