NEW INDIA ASSURANCE CO.LTD Vs. YOHAN DESA

JUDGEMENT

(1.) This appeal is filed by the Insurance Company challenging the judgment and award dtd. 23/6/2015 passed in MVC No.377/2008 on the file of the Additional District and Sessions Judge and Additional MACT, Udupi, sitting at Kundapura ('the Tribunal' for short).

(2.) Heard the learned counsel appearing for the respective parties.

(3.) The factual matrix of the case of the plaintiff before the Tribunal is that he met with an accident on 27/9/2007 when he was proceeding on the side of the mud road near Virupaksha Temple, Hosangadi village, Kundapura taluk, at that time, a lorry came and dashed against him, as a result, he had sustained injuries and immediately, he was taken to the KMC hospital wherein he took treatment from 27/9/2007 to 11/12/2007 and later he took treatment as an out patient. In pursuance of the claim petition, the insurance company appeared and filed the written statement denying the averments made in the claim petition and respondent No.1 also represented through counsel but not filed any written statement. The specific contention taken by the counsel for the respondent No.2 that the injury sustained by the petitioner is not relating to the accident that was occurred on 27/9/2007 with involvement of the vehicle and there was a delay of 14 days in filing the complaint and the history is mentioned that fall from a tree from the height of around 20 feet and after the registration of the case, manipulated the records in order to claim the compensation.