NATIONAL INSURANCE COMPANY LTD. Vs. IRAPPA

JUDGEMENT

(1.) Heard learned counsel for both the parties.

(2.) Factual matrix of the case of the claimants before the Tribunal is that the claimant was working as loader in lorry bearing No.KA-24/-3928 and that on 28/5/2007 at 8.30 p.m. he was standing on the katte of the godown in front of M.G.Bank Bajar area Katakol village village, Ramdurg taluk and at that time driver of the truck bearing No.KA-24/3928 drove the same in reverse manner and dashed against the claimant. As a result, he sustained injury to his leg and case has been registered and charge sheet has been filed. It is the contention of the claimant before the Tribunal that he was earning Rs.5,000.00 p.m. and also spent Rs.75,000.00 towards medical expenses and as a result of the accidental injuries his leg was amputed and he has suffered 100% disability and hence, claimed compensation.

(3.) Insurance company appeared before the Tribunal and filed written statement disputing the accident, date, occupation, income and nature of injuries. The claimant himself has been examined as PW.1 before the Tribunal and also examined doctor as PW.2 and got marked documents as Exs.P.1 to P.54. On the other hand, insurance company examined one witness as RW.1 and got marked documents as Exs.R.1 to R.6.