NARASIMHA SHETTY Vs. MANJEGOWDA

JUDGEMENT

(1.) In these two appeals, both the petitioner and the insurer have challenged the judgment and award dtd. 30/9/2013 passed in M.V.C. No.877/2011 by the Principal District Judge and Member M.A.C.T-1 at Hassan ('the Tribunal' in short).

(2.) M.F.A.No.476/2014 is filed by the petitioner whereas M.F.A.No.543/2014 is filed by the Insurance Company. For the sake of convenience, the rank of the parties will be referred to as per their status before the Tribunal.

(3.) The brief facts of the case are that on 5/2/2011 at about 09:00 a.m., while the petitioner was walking on the left side of the road in front of one Siddappa's house on Heragu road at Kenchanahalli Village, a Tractor bearing No.KA-14/T- 6662 caused the accident due to which he suffered injuries on his right lower limb, right upper limb and face. After first-aid at Heragu Government Hospital, he was admitted to S.C.Hospital, Hassan, then at Sanjeevini Hospital, Hassan. He was under hospitalization for 20 days and underwent surgery for the fracture. Seeking compensation, he has moved the Tribunal. The claim was opposed by the Insurance Company on the ground that the Tractor in question was not involved in the accident, fraud is played and said Tractor is fixed for the accident. Though it has admitted the policy of insurance denied that the driver of the Tractor did not possess valid Driving Licence. The Tribunal has framed an issue regarding the fraud apart from other issues and after taking the evidence of the parties, passed the impugned judgment awarding compensation of Rs.74,500.00 and directing the respondents No.1 and 2/owner and insurer to satisfy the award with interest at 9% p.a. Pleading inadequacy of compensation, the petitioner has filed his appeal and challenging the very accident, the Insurance Company has filed its appeal.