MANAGER, ORIENTAL INSURANCE CO.LTD. Vs. UDAY

JUDGEMENT

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

(2.) This appeal is filed challenging the judgment and award dtd. 20/9/2016, passed in M.V.C.No.81/2010, on the file of the Principal Senior Civil Judge, MACT, Madhugiri ('the Tribunal' for short).

(3.) The factual matrix of the case of the claimant before the Tribunal is that the injured minor boarded the auto rickshaw as a paid passenger at Kodigenahalli with his mother to go to Rampura Village to attend jatra festival. While they were at Kudurebyalaya-Rampura Road after Anudi Cross, the driver of the said auto rickshaw drove the same with high speed in a rash and negligent manner and dashed to one auto rickshaw, which was coming from opposite direction. As a result, the minor sustained grievous injuries like swelling deformity of left arm, commuted fracture of lower left arm and other injuries all over the body. Immediately, he was shifted to Government Hospital, Gowribidanur and then to District Hospital at Tumkur and he took the treatment for a period of ten days. The Insurance Company in pursuance of the claim petition appeared and filed the objection statement contending that the vehicle was plied outside the permit area and there is a clear breach of contract and apart from that, the driver was not having the driving licence to drive the transport vehicle. The claimant in order to substantiate his claim examined his mother as P.W.1 and the doctor as P.W.2, who assessed the disability and got marked the documents at Exs.P.1 to 20. On the other hand, the respondent examined two witnesses as R.W.1 and R.W.2 and marked the documents at Exs.R.1 to 8. The Tribunal after considering both oral and documentary evidence placed on record allowed the claim petition granting compensation of Rs.79,440.00 with 6% interest. Hence the present appeal is filed by the Insurance Company.