C.H. JAYANNA Vs. SRI. NELSON PAUL REBELLOW AND ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED REPT. BY ITS DIVISIONAL MANAGER

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and award passed by the XI Additional Judge, Member, MACT, Court of Small Causes -12, Bengalore (for short Tribunal'), in MVC No. 7386/2008 dated 13.1.2010. By the impugned judgment and award, the Tribunal has awarded compensation of Rs. L92,000/ - with interest at 6% p.a. from the date of petition till the date of realization for the injuries sustained by the appellant -claimant in the motor vehicle accident. Brief facts of the case are that, the appellant -claimant on 11.10.2007 at about 6.15 p.m. was riding motor cycle bearing registration No. KA -01 -ED -4889 near milk booth at A.N. Krishna Rao Road from Lalbagh West Gate towards Home School Circle with great care at that time, Tata Indica Car bearing Registration No. KA -14 -A -2753 driven by its driver came in high speed and rash and negligent manner and dashed against motor cycle. Due to the said impact, the claimant sustained grievous injuries on the right leg and immediately, he was taken to KIMS Hospital, Bangalore. He was an inpatient from 11.10.2007 to 25.3.2008. Prior to the accident, the claimant was hale and healthy and he was working as Inspector of Police earning Rs. 14,243/ - per month. On account of the said injuries, he could not attend to his work as he was doing earlier. It is the case of the claimant that the Basavanagudi police have registered a case against the driver of the Tata India Car. Respondent No. 1 -the owner and respondent No. 2 -the Insurer of the Vehicle, both are jointly and severally liable to pay compensation. Respondent No. 2 -Insurance Company by filing written statement has denied the averments made in the claim petition and also denied that it had issued a policy. The driver of the offending car drove the same without having a valid and effective driving licence and the owner of the vehicle willfully entrusted the vehicle knowing fully well that the driver had no effective driving licence. Hence, sought for dismissal of the claim petition. The Tribunal on consideration of the oral and documentary evidence on record, ultimately, has awarded Rs. 30,000/ - towards pain and suffering, Rs. 25,000/ - towards medical expenses and other incidental expenses, Rs. 87,000/ - towards loss of earning during the period of treatment and Rs. 50,000/ - towards disability, loss of future happiness and loss of amenities and pleasure in future life. In all, it has awarded the compensation of Rs. 1,92,000/ - with interest at 6% p.a. from the date of petition till the date of realization.

(2.) WE have heard the learned Counsel appearing for the appellant and the learned Counsel appearing for respondent No. 2 -Insurance Company.

(3.) CONTRARY to this, learned Counsel appearing for respondent No. 2 -Insurance Company, during the course of his arguments, submitted that the Tribunal has taken all the facts into consideration and awarded just and reasonable compensation. There are no grounds for this Court to interfere with the impugned judgment and award passed by the Tribunal.