LEGAL MANAGER Vs. MANOJ

JUDGEMENT

(1.) The present appellant - IFFCO-TOKIO General Insurance Company Limited (hereinafter referred to as "the Insurance Company" for brevity) was respondent No.1, in M.V.C.No.91/2017, in the Court of the learned Senior Civil Judge and Judicial Magistrate First Class / the Motor Accident Claims Tribunal at Gowribidanur, (hereinafter referred to as "the Tribunal" for brevity), which was instituted by the present respondent No.1, who, as a claimant had instituted a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the M.V.Act" for brevity), seeking compensation of a sum of Rs.15,20,000.00 for the injuries alleged to have been sustained by him in a road traffic accident said to have occurred on the date 23/6/2016. The respondent No.2 herein who was also the respondent No.2 before the Tribunal is said to be the owner-cum-rider of the alleged offending Motor Cycle Honda Dio bearing Registration No.KA-40/X-7123.

(2.) The summary of the case of the claimant in the Tribunal was that, on the date 23/6/2016, at about 9:00 a.m., when he was traveling towards his residence from Manasa Circle, Gowribidanur town in a Suzuki Access Motor Cycle bearing registration No.KA-01/EU-1613, the respondent No.2 - Sri. Salman Khan, being the owner- cum-rider of the Honda Dio Motor Cycle bearing registration No.KA-40/X-7123, riding the same in a rash and negligent manner, dashed to the Motor Cycle being ridden by the claimant/appellant herein, thus causing the road traffic accident. In the said road traffic accident, the claimant fell down from the Motor Cycle and sustained multiple injuries and was admitted in a Government Hospital, Gowribidanur and later to Raghavendra Ortho Hospital, Hindupur, where he underwent a surgery and was in-patient for some time in the Hospital. The claimant further stated that, due to the injuries sustained by him in the said road traffic accident, he incurred huge medical expenses and loss of his income, which income he was earning from the business of the weaved material, being an ITI holder in Electronics Mechanic trade. He also contended that he has lost his bright and brilliant future. He further contended that he incurred expenses of more than Rs.1,20,000.00 towards his medical treatment, Rs.1,00,000.00 towards nourishment and Rs.1,00,000.00 towards transportation and other miscellaneous expenses. He also contended that due to the injuries sustained, he has suffered physically and mentally and has lost the future earnings which he has calculated at a sum of Rs.12,00,000.00. Thus, in total, the claimant claimed compensation of a sum of Rs.15,20,000.00 from the appellant - Insurance Company. The present appellant who was arraigned as respondent No.1 before the Tribunal was also held liable along with respondent No.2 being in its capacity as the insurer of the alleged offending Motor Cycle.

(3.) Before the Tribunal, the present appellant - Insurance Company, as respondent No.1, appeared through its counsel and filed its written statement, contending that the claim petition filed by the claimant (respondent No.1 herein) is false, frivolous and denied the road traffic accident as well the claim made by the petitioner therein. However, the respondent No.2 (the owner-cum-rider of the Motor Cycle bearing Registration No.KA-40/X-7123) in the Tribunal, remained ex-parte.