UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, HULIDEV COMPLEX, BY DIVISIONAL MANAGER AND UNITED INDIA INSURANCE CO. LTD., KRISHNA COMPLEX, BY ITS MANAGER Vs. KRISHNA NARAYANA NAIK AND SIMON POUL ALMEIDA

JUDGEMENT

(1.) THOUGH the matter is posted for admission, with the consent of the learned Counsel for both parties, the same is taken up for final disposal. The above appeal is preferred against the judgment and award dated 8.12.2009 passed in MVC No. 827/2007 on the file of the Court of FTC and Addl. MACT, Kundapura by the insurer - 2nd respondent.

(2.) IT is the case of the claimant that on 14.5.2007 at about 3.00 PM while he was proceeding on his motor cycle bearing Regn. No. KA -15 -H -9159 from Allerika side towards Murdeshwara side, near Bhaskeri of Honnavara Taluk, the autorickshaw bearing Regn. No. KA -47 -21 being driven by its driver in rash manner, coming from Gerusoppa side towards Honnavara turned all of a sudden towards right side of the road and in that process dashed against the motor cycle of the petitioner causing the accident. Further, it is contended that on account of the said accident, the claimant fell from the motor bike, sustained grievous injuries. The tribunal considering the evidence led in by the parties, deemed it fit to award a sum of Rs. 4,12,400/ - with interest @ 6% p.a. only on the sum of Rs. 1,41,200/ - from the date of petition till realisation against both respondents 1 and 2 making them jointly and severally liable to pay the same.