SRIKANTA M. R. Vs. GEETHA

JUDGEMENT

(1.) This appeal is filed by the claimant challenging the judgment and award dtd. 25/8/2014 passed in M.V.C.No.7585/2012 on the file of the III Additional Senior Civil Judge and MACT, Bengaluru ('the Tribunal' for short).

(2.) Heard the learned counsel appearing for the appellant and the learned counsel appearing for respondent No2.

(3.) The factual matrix of the case of the claimant before the Tribunal is that on 6/10/2012 at about 1.00 a.m., the claimant was driving the autorickshaw, at that time, the driver of the offending vehicle i.e., the lorry suddenly stopped the same in the middle of the road without giving any signal carelessly, due to which, the claimant touched his auto to the lorry as a result, the claimant had sustained injuries and immediately he was shifted to Mallige Medical Center and then, he was shifted to NIMHAS hospital and thereafter, he was shifted to Shekar hospital wherein he has taken treatment as an inpatient for a period of 9 days and again he was referred to NIMHAS hospital and thereafter, he took treatment at Victoria hospital. The claimant in order to substantiate his contention, examined himself as PW1 and got marked the documents at Ex.P1 to P15 and examined another witness as PW2. On the other hand, the respondents have examined one witness as RW1 and got marked the documents at Ex.R1 to R7. The main contention of the Insurance Company is that the cheque which was issued for policy was dishonoured hence, the Insurance Company is not liable to pay the compensation. The Tribunal after considering both the oral and documentary evidence available on record fastened the liability on the owner and granted the compensation of Rs.1,57,200.00 with 8% interest.