B.H. HARISH Vs. H.B. LINGARAJU SHETTY ALIAS LINGARAJU, H.R. UMESHA AND THE NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) THIS appeal by the appellant -owner of the offending vehicle is directed against the impugned judgment and award dated 09/08/2010 passed in MVC No. 1/2007, by the Principal District Judge and Member, Motor Accident Claims Tribunal, Chikmagalur, (hereinafter referred to as 'Tribunal' for short). The Tribunal, by its judgment and award, has awarded a sum of Rs. 4,16,426/ - with interest at 6% p.a. from the date of petition till its realization and directed the driver and owner -respondent Nos. 1 and 2 to pay Rs. 1,64,426/ - with interest and the Insurer -respondent No. 3 to pay Rs. 2,52,000/ - with interest to the claimant as per the terms and conditions of the policy. Being aggrieved by the same, the appellant -owner of the offending vehicle has presented this appeal, on the ground that, issuing a direction to the driver and owner of the of the offending vehicle to pay Rs. 1,64,426/ - with interest and the Insurer to pay Rs. 2,52,000/ - with interest cannot be sustained and is liable to be modified, fixing the entire liability on the Insurer as per the terms and conditions of the policy.

(2.) IN brief, the facts of the case are: The claimant was working as Cleaner and Loader in the Mini Goods Lorry bearing Reg. No. KA. 18/7818. On 13.6.2006 he along with other loaders went in the said mini lorry to Nidaghatta and loaded the lorry with Tamota and were proceeding towards Pillenahalli to load some more Tamota, at that time, the driver of the said Mini Lorry drove the same in a rash and negligent manner with speed, lost control over it and dashed against a bridge on the road side between Nanjappanna Yerekavalu and Pillenahlali, due to which, lorry capsized and he sustained grievously injuries, viz., degloving injury over right lower leg with severe crushing of right foot below the ankle, fracture to 2nd to 7th ribs on right side of the chest and abrasion over the forehead. Immediately, he was shifted to Holycross hospital and thereafter, to Nanjappa hospital Shimoga, where he took treatment as inpatient, his right leg was amputated and thereafter, to M.G. Hospital, Chikmagalur and thereafter, on the advise of the Doctor, he has taken bed rest and follow -up treatment.

(3.) THE said claim petition had come up for consideration before the Tribunal. The Tribunal, after hearing both sides and after assessing the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum Rs. 4,16,426/ - as compensation under different heads with interest at 6% p.a., from the date of petition till the date of realization and directed the driver and owner of the offending vehicle to pay Rs. 1,64,426/ - with interest and the Insurer to pay Rs. 2,52,000/ - with interest. Being aggrieved by the same, appellant has presented this appeal.