RAJASHEKHARAYYA DUNDAYYA MUNAVALLIMATH Vs. NINGAYYA GANGAYYA HANCHINMATH

JUDGEMENT

(1.) This appeal by the claimant seeks to lay a challenge to the Judgment & Award dtd. 7/4/2011 entered by the Additional MACT at Belagavi, whereby the claim in MVC No.1829/2008 having been favoured a compensation of Rs.1,03,200.00 with interest at the rate of 6% p.a. has been awarded, however, absolving the Insurer. The claimant grieves that the award is too much on the frugal side and insists that the award liability ought to have been levied on the Insurer.

(2.) After service of notice, the respondent-Insurer having entered appearance through his Panel Counsel opposes the appeal making submission in justification of the award and the reasons given by the MACT therefor. The Panel Counsel contends that the MACT being an expert body having considered all aspects of the matter has made the award and therefore there is no scope for indulgence of the Appellate Court. So contending, he seeks dismissal of the appeal.

(3.) FOUNDATIONAL FACTS IN BRIEF: