DIVISIONAL MANAGER Vs. JAYARAMA SHETTY

JUDGEMENT

(1.) Heard the learned counsel for the respective parties in both the appeals.

(2.) These two appeals are filed by the Insurance Company and the claimant, respectively challenging the judgment and award dtd. 30/1/2016, passed in M.V.C.No.749/2013, on the file of the Additional District Sessions Judge and MACT, Udupi, sitting at Kundapura ('the Tribunal' for short) questioning the liability and quantum of compensation.

(3.) The factual matrix of the case of the claimant before the Tribunal is that the claimant was the driver of the auto rickshaw and that on 26/11/2012 at 18.30 hours, near Koteshwara village petrol bunk in NH-66, while he was driving the auto rickshaw, at that time, a mini goods tempo driven by its driver in a rash and negligent manner came and dashed to his auto rickshaw from behind. As a result, the auto rickshaw was turtled and he had sustained injuries. Immediately he was taken to hospital and he was treated as an inpatient for a period of five days. The claimant examined the doctor who assessed the disability of 10% and the Tribunal taken the income of Rs.6,000.00 per month and awarded the compensation.