GANESH ACHAR Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) These appeals are filed by both the claimant and the insurance company aggrieved by the award passed in M.V.C.No.468/2010 dtd. 19/11/2011 on the file of the Fast Track Court and Motor Accident Claims Tribunal, Kundapura. The appeal of the claimant is numbered as M.F.A.No.8145/2012 and the appeal of the insurance company is numbered as M.F.A.No.2731/2012 whereby the Tribunal granted an amount of Rs.60,670.00.

(2.) The claim petition was filed seeking compensation of an amount of Rs.5,74,000.00 for the injuries sustained by the claimant in the accident that took place on 24/11/2009. The Tribunal had granted an amount of Rs.60,670.00. It is the case of the claimant that on 24/11/2009 at about 12:30 p.m., the claimant was proceeding on a motor bike, at that time, the rider of the offending vehicle rode the same in a rash and negligent manner and dashed against the vehicle of the claimant, by which the claimant sustained injuries. He had spent huge amounts towards the treatment. The insurance company had filed the counter before the Court below stating that the accident had occurred on 24/11/2009 at 12:30 p.m. and a private complaint was lodged on 30/1/2010.

(3.) Considering the fact that a charge sheet is filed against the rider of the offending vehicle and he had also pleaded guilty, the Court below had come to the conclusion that the accident had occurred and further, the Tribunal had negatived the contention of the insurance company that there is collusion. It is the observation of the Court below that nothing could be elicited or they could prove that there is collusion. Accordingly, considering the injuries sustained by the claimant, the Court below granted compensation of an amount of Rs.60,670.00.