NOORULLAHKHAN, S/O LATE AHMED ALI KHAN, NO. 18, 1ST CROSS, SOMESHWARA NAGAR, BANGALORE Vs. THE ORIENTAL INSURANCE CO. LTD. LAKSHMI TOWERS, NO. 200/3, 1ST FLOOR, R.V. ROAD, BANGALORE -550004 AND SYED ALEEM

JUDGEMENT

(1.) AGGRIEVED by the judgement and award dated 26.04.2008 passed in MVC. No. 6527/2007 by the MACT, Bangalore, the Insurance Company has filed MFA No. 9319/2008, questioning the liability and the quantum of compensation awarded and MFA CROB 268/08 has been filed by the claimant seeking enhancement. The appeal and cross objection are heard together. The case of the claimant is that on 23 -05 -2003 at about 5.00 p.m. the petitioner was standing in front of Royal Auto -Guarage Compound at T. Marappa Road, Siddapura, Bangalore, when the driver of the crane bearing Vehicle No. KA -01 -7465 came in reverse direction towards the garage in a rash and negligent manner and dashed against the claimant. He sustained grievous injuries on the left eye and left portion of the chest. He was treated in various hospitals. On 30 -03 -2004 a complaint was lodged by him before the Siddapura Police Station. Thereafter the claim petition was filed. by the impugned judgement and award a sum of Rs. 2,86,300/ -along with interest @ 8% p.a. was awarded by the Tribunal. Seeking enhancement, the claimant has filed MFA CROB 268/2008 and questioning the liability and quantum of compensation, the Insurance Company has filed MFA.No. 9319/2008.

(2.) HEARD the learned Counsels for the parties in both the matters and examined the records.

(3.) ON the other hand, Sri O. Mahesh, learned counsel appearing for the Insurance Company disputes the claim. He disputes that the claimant suffered these injuries on account of the said accident and therefore contends there is no liability on the Insurance Company to satisfy the award.