LEGAL MANAGER Vs. M. S. KRISHNACHARY

JUDGEMENT

(1.) This appeals are filed by the Insurance Company as well as the claimant challenging the judgment and award dtd. 14/9/2016 passed in MVC No.4102/2014 on the file of the Motor Vehicles Accident Claims Tribunal, Bengaluru ('the Tribunal' for short).

(2.) Heard the learned counsel appearing for the respective parties.

(3.) The factual matrix of the case is that on 16/8/2014, when the injured claimant was going on his motorcycle, at that time, the driver of the offending vehicle i.e., Tempo came in a rash and negligent manner in a high speed and dashed against him as a result, he was thrown on the road and sustained injuries and immediately he was shifted to Rajarajeshwari hospital, Bengaluru and after the first aid, he was shifted to Sahana hospital and then to Sairam hospital wherein he took the treatment as an inpatient and undergone for surgery. It is also the case of the claimant that due to the alleged accident, he had suffered permanent disability. In support of his claim, he himself examined as PW1 and also examined two doctors as PW2 and PW3 and also his wife who was the pillion rider as PW4 and got the marked documents at Ex.P1 to P17. On the other hand, the respondents have examined one witness as RW1 and got marked the documents at Ex.R1. The Tribunal after considering both the oral and documentary evidence comes to the conclusion that the accident was on account of negligence on the part of the driver of the offending vehicle and awarded the compensation of Rs.13,60,810.00. Hence, these appeals are filed by the Insurance Company as well as the claimant questioning the negligence on the part of the claimant and also the quantum of compensation.