JAYAMMA Vs. C S NAGARAJA RAO

JUDGEMENT

(1.) This appeal is filed by the claimant challenging the judgment and award dtd. 1/7/2014 passed in MVC No.340/2010 on the file of the Additional Senior Civil Judge, Ramanagara ('the Tribunal' for short).

(2.) heard the learned counsel appearing for the appellant and the learned counsel appearing for the respective respondents.

(3.) The factual matrix of the case of the claimant before the Tribunal is that she met with an accident on 4/3/2020 at about 6.30 p.m. when she was walking near Kethohalli bridge, at that time, the driver of the luggage auto came in a rash and negligent manner and dashed against the claimant as a result, she suffered the grievous injuries and she was shifted to the hospital. The claimant in order to substantiate her claim examined herself as PW1 and also examined one doctor as PW2 and got marked the documents at Ex.P1 to P7. On the other hand, the respondents examined one witness as RW1 and got marked the documents at Ex.R1 to R3. The Tribunal after considering both the oral and documentary evidence awarded the compensation of Rs.29,500.00 and also fastened the liability on the insured contending that only cover note was issued and after issuance of cover note the policy was not taken and cover note was also cancelled. Hence, the present appeal is filed.