UNITED INDIA INSURANCE CO. LTD. Vs. MANOJ KUMAR

JUDGEMENT

(1.) This appeal is filed challenging the judgment and award dtd. 21/5/2016 passed in M.V.C.No.271/2012 on the file of the Principal Senior Civil Judge and MACT., Srirangapatna ('the Tribunal' for short), questioning the liability fastened on the Insurance Company.

(2.) The parties are referred to as per their original rankings before the Tribunal to avoid confusion and for the convenience of the Court.

(3.) The factual matrix of the case of the claimant that on 11/1/2012 at about 12:35 a.m., near Hampapura Railway Gate, Hampapura Village, K.R.Nagar Taluk, when the petitioner along with his friends was going in Omni Car bearing registration No.KA-05-Z-2905 from Hassan towards Mysuru, at that movement the driver of the offending Omni Car bearing registration No.KA-05-Z-2905 has driven the same at high speed in a rash and negligent manner and dashed the omni Car to the back portion of the KSRTC bus bearing registration No.KA-18-F- 361 resulting into the accident and injuries to the petitioner. As a result of the accident, the petitioner has sustained fracture of both the bones of right fore arm and injuries to his right thigh, fore-head. Immediately after the accident petitioner was taken to B.M. Hospital, Mysore, from there he was shifted to ESI Hospital, Mysore, wherein, he was subjected to surgery and fractured bones of right fore arm were fixed with plates and screws. It is his contention that he has spent an amount of Rs.1,00,000.00 and as a result of accidental injuries, he has sustained permanent disability. Hence, claimed the compensation.