UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE AT NO. 15/130, SUBASH ROAD, ANANTHAPUR, ANDHRA PRADESH. REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, NO. 25, M.G. ROAD. BANGALORE-560001 Vs. SRI. R. MANJAPPA, SINCE DECEASED BY HIS L.RS. (SMT.

JUDGEMENT

(1.) THIS appeal by the Insurance Company is directed against the common judgment and award dated 29.12.2007 passed by the Civil Judge (Sr. Dn.) and MACT, Channarayapatna in Hassan District, insofar as it relates to MVC No. 175/2004 awarding total compensation of Rs. 2,84,250/ - towards the personal injuries sustained by the claimant -R. Manjappa. During the pendency of this appeal, the respondent -original claimant R. Manjappa died and thereafter his wife and son have been brought on record as legal representatives. The claimant -R. Manjappa filed claim petition seeking compensation of Rs. 25,00,000/ - for the personal injuries sustained by him in the road traffic accident that occurred on 19.04.2004. According to the claimant, on the fateful day, he and his minor son -M. Dilip Kumar were proceeding in a Maxi Cab bearing registration No. KA -13 - 4310 to his village and when the vehicle reached Gandasi Hand Post on Hassan -Tiptur Road, at Rudradevanahalli, the vehicle was stopped for passengers to alight, at that time, the lorry bearing registration No. PY -01 -M -0709 came from the opposite direction driven by its driver at a high speed in a rash and negligent manner and dashed against the tempo in which he was travelling, as a result, they sustained severe injuries. It is his further case that immediately he was taken to Chamaiaja hospital at Hassan and from there, he went to General Hospital at Tiptur, St. Johns Hospital and KIMS Hospital at Bangalore and Siddhartha Hospital at Tumkur. According to him, as a result of the accident, he sustained injuries to his spleen and liver and he spent an amount of Rs. 2,00,000/ - for his treatment and has also undergone great amount of pain and sufferings. The petition was contested by the appellant -Insurer of the lorry.

(2.) IN the light of the pleadings of the parties, the Tribunal framed the following issues: -

(3.) BEING aggrieved by the said judgment and award the insurer of the offending vehicle is in appeal before this Court. The grievance of the appellant -Insurer is that, in the light of the evidence on record, the claimant had pre -existing liver disease and in the absence of any evidence that the claimant sustained any blow on to his abdomen, subsequent treatment taken by the claimant for the liver damage could not have been reimbursed to the claimant since the said disease was not attributable to the accident. It is also the grievance of the appellant that in the light of the above, the compensation of Rs. 50,000/ - towards pain and sufferings is also uncalled for.