ICICI LOMBARD GENERAL INSURANCE COMPANY Vs. DURGAVVA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for the respondents.

(2.) The MFA No.101702/2016 is filed by the Insurance company challenging the liability and MFA Crob No.100162/2016 is filed by the claimant seeking enhancement of the compensation against the Judgment and award dtd. 4/4/2016 in MVC No.82/2013 on the file of the Senior Civil Judge and Addl. MACT, Koppal.

(3.) The factual matrix of the case of the claimant is that, on 31/10/2009 at about 3.00 p.m. she, her husband and her relatives were waiting for conveyance to go to the Tawargera to perform the Bandenawaz Urus with all their food grains, utensils and other peripherals. At that time, the offending vehicle came there and as per the instructions of the driver all of them boarded the vehicle along with their goods in the carrier. Since the petitioner was 7 months pregnant the petitioner sat in the cabin of the vehicle. When the vehicle was proceeding near K.E.B, office situated in Kankagiri, the driver was driving the vehicle in a rash and negligent manner. Because of the rash and negligent driving of the vehicle, the door of the cabin got opened. As a result, the claimant fell down and left side rear wheel passed on her limbs, spinal card, etc., The claimant also sustained abdominal injuries. The claimant fractured multiple fractures on the left lower limb. Immediately, the claimant was admitted to Government Hospital, at Koppal. Thereafter the claimant was admitted to SDM Hospital at Dharwad for a period of three months. The left lower limb was amputated apart from other surgeries and she has suffered 100% disability and claimed the compensation.