VINOD Vs. MEHABOOB

JUDGEMENT

(1.) These appeals have been filed by the injured claimant and the insurance company challenging the judgment and award dtd. 28/4/2015 passed by the M.A.C.T-XII, Ballari, in M.V.C. No.1066/2012. M.F.A.No.101763/2015 is filed by the injured claimant seeking for enhancement of the compensation. M.F.A. No.102724/2015 by the insurance company challenging the liability as well as the quantum of compensation awarded Tribunal.

(2.) Brief facts leading to filing of these appeals are that the injured Vinod Rathod filed a claim petition under Sec. 166 of the Motor Vehicle Act, 1988 claiming compensation for the injuries suffered by him in the road accident that took place on 10/5/2012. It is averred that the injured appellant was traveling in a lorry bearing registration No.KA-28/9525 as a cleaner and when the said lorry reached near Halageri Seema N.H.63 the driver of the said lorry respondent No.1 Mehaboob lost the control over the lorry and dashed the lorry bearing No.KA-22/B-2964 from the hind side. It is averred that the respondent No.1 was driving the lorry in rash and negligent manner, caused the accident and in the said accident, the appellant has sustained grievous injuries, fractures all over the body and he has been shifted to the Koppal District Government Hospital and thereafter he was shifted to VIMS Hospital, Ballari and he was provided treatment as a inpatient from 10/5/2012 to 23/5/2012. Later he was shifted to NIMHANS Hospital, Bengaluru for further treatment and he has also taken treatment at Health City Hospital as a inpatient from 29/5/2012 to 16/6/2012 and after discharge also he has taken the follow up treatment and has spent Rs.12,00,000.00 towards medical expenses and sought direction against the respondent to pay compensation to the appellant.

(3.) The respondent No.1 to 3 placed ex parte before the Tribunal. The respondent No.4 entered appearance and filed statement of objections denying the claim of the appellant by contending that the respondent No.1, the driver of the lorry bearing No.KA-28/9525 has violated the terms and conditions of the policy and he had no valid driving licence on the date of accident and the insurer is not liable to pay compensation to the appellant. It is further contended that one Sri Alla Bakshi was driving the lorry bearing registration No.KA-28/9525 and he was not having valid driving licence and with the collusion, the first respondent has been charge sheeted in the criminal case as driver with intention to help the appellant injured. It is further contended that the claim of the injured is exorbitant and the same is required to be rejected.