MANAGER, ORIENTAL INSURANCE CO. LTD Vs. PRASANNAKUMAR S

JUDGEMENT

(1.) This appeal by the Insurer is directed against the judgment and award dated 17th December 2012, passed in MVC No. 94/2011, by the I Additional Senior Civil Judge, Motor Accident Claims Tribunal-V, Davangere, (for short, 'Tribunal'), awarding compensation of Rs. 1,27,000/- with interest at 7% per annum, in favour of the first respondent/claimant, on the ground that the compensation awarded by Tribunal is on the higher side and is liable to be reduced. The facts in brief are that, the first respondent/injured claimant had filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 3:30 P.M., on 18-03-2010, near Kolahal village on NH-4 in Chitradurga, when he was proceeding towards Davangere on his vehicle bearing Registration No. KA-17/M-9570, he met with an accident and sustained grievous injuries on account of rash and negligent riding by the driver of vehicle bearing Registration No. KA-16/A-2286 Immediately he was shifted to Bharamasagara Government Hospital for first-aid treatment and thereafter shifted to Bapuji Hospital, Davangere and thereafter to Gurushree Hi-tech Multi Speciality Hospital, Bangalore, where he took treatment as in-patient for a period of ten days.

(2.) On account of the injuries sustained in the accident, the claimant filed the claim petition before the Tribunal, seeking compensation of a sum of Rs. 20,00,000/- against the appellant/Insurer and two others. The said claim petition had come up for consideration before the Tribunal on 17th December, 2012. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 1,27,000/- with 7% interest per annum, from the date of petition till the date of deposit and directed the Insurer to satisfy the entire award. Being aggrieved by the quantum of compensation awarded and also the liability fastened on it, the Insurer is in appeal before this Court, seeking to reduce the compensation and also to set aside the direction issued to the Insurer to indemnify the award amount.

(3.) I have gone through the grounds urged in the memorandum of appeal and the impugned judgment and award passed by Tribunal and heard the learned counsel appearing for the appellant/Insurer.