BRANCH MANAGER Vs. SUNIL

JUDGEMENT

(1.) This appeal is filed by the Appellant-Insurance Company under Sec. 173(1) of M.V.Act, challenging the judgment and award dtd. 27/6/2012 passed in MVC No.341/2010 by the Fast Track Court Basavakalyan.

(2.) For the sake of convenience, parties are referred with the ranks occupied by them before the Tribunal.

(3.) The factual matrix leading to the case are that the claimant-petitioner was acquainted with Shivanand who was the driver of Jeep bearing registration No.KA-23/3284 and petitioner is also a driver. That on 1/8/2008, the petitioner was traveling in Jeep bearing registration No.KA-23/3284 from Hatyal Village to Mudbi and near Hatyal-Mudbi road near Mudbi wadi limits, the driver drove the jeep with high speed in a rash and negligent manner and suddenly he has taken sharp turn in the curve. As a result, the petitioner who was traveling in the jeep fell from the jeep and sustained injuries. Immediately, he was shifted to hospital and taken treatment for the injuries. Hence, he filed claim petition seeking compensation of Rs.5,00,000.00 with interest.