NEW INDIA ASSURANCE COMPANY LIMITED Vs. N. RAMACHANDRA

JUDGEMENT

(1.) Heard the learned counsel for the appellant. Though respondent No.1 has been served with notice, not represented.

(2.) This appeal is filed challenging the judgment and award dtd. 22/5/2014, passed in M.V.C.No.7191/2010, on the file of the XVI Additional Judge, Member, MACT, Court of Small Causes, Bengaluru ('the Tribunal' for short).

(3.) The factual matrix of the case of the claimant before the Tribunal is that on 12/5/2007 when he was going towards Kenchanahalli Village on Bengaluru-Doddaballapura road from his residence by riding Kinetic Honda, at that time, the rider of the Hero Honda motorcycle came in a rash and negligent manner from wrong side of the road and dashed against him. As a result, he fell down and sustained injuries. He was an inpatient for around three months on different occasions thrice. The doctor assessed the disability of 30% and the same has been taken by the Tribunal and awarded compensation of Rs.8,68,000.00 apportioning the liability of the Insurance Company to the extent of 70% and 30% on the claimant. Hence, the present appeal is filed by the Insurance Company.