ORIENTAL INSURANCE CO. LTD. Vs. PRAKASH

JUDGEMENT

(1.) In this appeal, the Insurance Company has challenged the judgment and award dtd. 1/9/2012 in M.V.C.No.1263/2010 passed by the Principal Senior Civil Judge and M.A.C.T., Shimoga ('the Tribunal' for short).

(2.) For the sake of convenience, the rank of the parties will be referred to as per their status before the Tribunal.

(3.) Brief facts of the case are, on 10/12/2009, the petitioner boarded the bus bearing Reg.No.KA-18-3810 at Haranahalli in order to go to Nyamathi. Due to heavy rush in the bus, the driver and conductor of the bus asked him to board atop of the bus. On Haranahalli-Hirekere Road, the bus was toppled, the persons sitting in the roof-top including the petitioner fell down from the bus and sustained injuries. After taking treatment, the petitioner has approached the Tribunal for grant of compensation of Rs.65,000.00. Claim was opposed by the Insurance Company. The Tribunal after taking the evidence, allowed the claim petition, awarding compensation of Rs.65,000.00 with 6% interest p.a., fastening the liability against driver, owner and the Insurance Company. Aggrieved by the same, the Insurance Company has filed this appeal on various grounds.