ORIENTAL INSURANCE CO., LTD. Vs. SHIVANAND

JUDGEMENT

(1.) Appellant-Respondent No.2 in M.V.C. No. 1642/2008 is impugning the judgment and award dtd. 23/11/2010 on the file of the II Addl. Sr. Civil Judge & AMACT, Belgaum (hereinafter referred to as the Tribunal), awarding compensation of Rs.2,14,200.00 with interest at 6% p.a. from the date of petition till realisation and directing the respondent No.2 to deposit the compensation. The claimant has preferred cross objection seeking enhancement of the compensation. Parties shall be referred to as per their ranking before the Tribunal.

(2.) Brief facts of the case as stated in the claim petition is that the claimant filed claim petition u/s 166 of M.V. Act contending that he is the partner of M/s Super Metal Industries, Belgaum and on 18/3/2008 he was traveling in the TATA ACE vehicle bearing reg. no. KA-22-A-9432 along with the goods, i.e., alluminium scrap material. Due to the rash and negligent driving of the vehicle by its driver, he dashed the same to another goods vehicle which was parked by the side of the road. Due to the impact, the claimant sustained injuries and was shifted to the hospital. He spent huge amount for his treatment and he has suffered permanent disability. Respondent No.1 being the owner, respondent No.2 being the insurer of the offending vehicle are liable to pay compensation. Accordingly, he prayed for allowing the claim petition. Respondent No.1 has not contested the matter. Respondent No.2 filed objection statement denying the contentions taken by the claimant. It is also contended that the vehicle in question was a goods carriage and no persons are permitted to travel in the same. Even if the claimant was a passenger, then also the insurer is not liable to pay compensation. Accordingly, he prayed for dismissal of the petition.

(3.) On the basis of these pleadings, the Tribunal framed the following: