NATIONAL INSURANCE COMPANY LIMITED Vs. VEERANNA PURANTHAR

JUDGEMENT

(1.) This appeal by the Insurer is directed against the common judgment and award dated 22nd February 2007, passed in MVC No.28/2004 (old M.V.C. No.53/2004), by the Additional Sessions Judge and Additional Motor Accident Claims Tribunal, Fast Track Court-I, Davangere, (for short, 'Tribunal' ), on the ground that, the Tribunal is not justified in fixing the contributory negligence in the ratio of 60:40 on the part of the drivers of Car and Tractor-Trailer respectively and the same is liable to be modified.

(2.) The facts of the case as stated in the claim petition are that, at about 11:00 P.M., on the ill-fated day, i.e. on 21-05-2003, in front of Nobel Tarpaulin company on Davangere Harihar Road/P.B. Road, within the limits of Traffic P.S. Davangere, when the claimant, along with others was travelling in Car bearing Registration No.AP-17/MG-4050, he met with an accident on account of rash and negligent driving by the driver of Car as well as on account of negligent act of the driver of Tractor-Trailer, bearing Registration No.MEZ-5224 and 5226, which was parked in the centre of the said Road, without following traffic Rules and Regulations. Due to the impact, the claimant in all sustained three injuries and injury No.2 was fracture of Trimular (L) as per Wound Certificate at Ex.P6 and discharge summary at Ex.P8 and stated that injury Nos.1 and 3 are simple in nature and injury No.2 is grievous in nature.

(3.) It was the case of the claimant that he has sustained in all three injuries, out of which, injury No.2 is grievous in nature as per Wound Certificate and on account of the said injuries, he has taken treatment in Bapuji Hospital, as in-patient for a period of 8 days and spent reasonable sum towards conveyance, nourishing food and attendant charges apart from medical expenses and therefore, he has to be compensated reasonably.