ORIENTAL INSURANCE COMPANY LIMITED Vs. PARAMESHA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for the cross-objector.

(2.) This appeal and cross-objection are filed challenging the judgment and award dtd. 7/4/2017, passed in M.V.C.No.455/2015, on the file of the II Additional Senior Civil Judge and JMFC, Chikkamagaluru and MACT, Itinerate at Koppa ('the Tribunal' for short).

(3.) The factual matrix of the case of the claimant before the Tribunal is that on 19/6/2010 at about 10.30 a.m., when the claimant was proceeding by walk on the left side of the Sigase-Aralikoppa Road, respondent No.1 being the driver of the jeep drove the said vehicle in a rash and negligent manner and dashed against him from backside. As a result, he had sustained fracture injury to his L-1 and injury to his back near bumbar area. Immediately he was shifted to Highland Hospital, Mangalore, wherein he took the treatment as an inpatient for a period of one month and he also took the follow-up treatment. He was a coolie and suffered permanent disability and hence could not continue his job. In pursuance of the claim petition, respondent Nos.1 and 2 were placed exparte. However, the Insurance Company took the specific defence in the written statement denying the accident and contended that the case is registered in collusion between the owner and the claimant and created the documents and there was a delay of 11 days in lodging the complaint and afterthought case was registered against the vehicle belonging to respondent Nos.1 and 2. The claimant in order to substantiate his claim examined himself as P.W.1 and examined the doctor as P.W.2 and got marked the documents at Exs.P.1 to 91 and admission record is marked as Ex.C.1. The Tribunal after considering both oral and documentary evidence placed on record, awarded compensation of Rs.12,27,244.00 with 6% interest.