ORIENTAL INSURANCE COMPANY LTD. Vs. YOHAN GULABRAO KAMBLE

JUDGEMENT

(1.) The Insurance Company has preferred this appeal, assailing the judgment and award passed in MVC No. 317/2010, dated 19.10.2011, by the Additional MACT., at Belgaum. The relevant facts of the case are that the respondent-claimant on 8.5.2009 had been to Goa in an Alto car bearing Registration No. MH-12/DY-9493 along with his friends. After completion of his work while returning in the said vehicle towards Kolhapur from Savantwadi-Aamboli Road the driver of the car was proceeding within the limits of Fanaswadi village, when at that time a truck bearing Registration No. KA-19/7613 came from the opposite direction in a rash and negligent manner and dashed against the car. As a result of the impact, the car turned turtle and dashed against the tree. The respondent-claimants sustained grievous injuries, he was immediately shifted to Primary Health Centre, Aamboli and after first aid he was shifted to Nippani wherein, he was admitted at Dr. Sana's hospital. Thereafter, he was again shifted to Adhar Hospital, Kolhapur wherein he took treatment as an inpatient from 12.5.2009 to 27.5.2009, where he underwent surgery to the right femur by implantation of nail and plating and surgery to left radius-ulna. After discharge, he took follow up treatment. Contending that he had sustained permanent disability on account of accidental injuries, he filed the claim petition seeking compensation on various heads.

(2.) The claim petition was clubbed with MVC No. 2188/2010 filed by another inmate of the Maruti Alto Car. In support of his case, respondent-claimant examined himself as P.W. 1 and Dr. S.R. Angagi as P.W. 2 and two other witnesses were examined as P.Ws. 3 and 4, totally 29 documents were produced by the claimant and they were marked as Exs. P1 to P29 and common evidence was let in, while, the insurer let in the evidence of R.W. 1 and produced three documents which were marked as Exs. R1 to R3. On the basis of the evidence let in by the respondent-claimant, the Tribunal awarded compensation of Rs. 2,92,000/- with interest @ 8% per annum on the following heads:

(3.) The insurance company is aggrieved by the quantum of compensation awarded by the Tribunal and hence has filed this appeal.