BRANCH MANAGER, NATIONAL INSURANCE COMPANY LIMITED Vs. CHANNEGOWDA,

JUDGEMENT

(1.) MFA No.6693/2009 is filed by the Insurance Company seeking to set aside the award passed by Tribunal and MFA Crob.74/2010 is filed by the claimant seeking enhancement of compensation. Both the appeals are directed against the award passed by the Additional Civil Judge (Senior Division) and M.A.C.T., Mandya, in MVC No.604/2006 dated 6th April 2009.

(2.) THE parties are referred to as per their ranking before the Tribunal for the purpose of convenience and clarity.

(3.) CLAIMANT made claim petition seeking compensation for the injuries sustained in an accident that occurred on 31.03.2006 in the evening around 8.00 p.m. on Bangalore -Mysore Road, due to negligence of the driver of the Goods Tempo bearing registration No. KA - 11 -4633. It transpires that the claimant was transporting bullocks in the goods tempo bearing registration No.KA -11 -4633 to go to 'Jatra' at Magadi on Mysore -Bangalore Road and due to the negligence of the driver of the tempo which dashed against a tractor, the claimant sustained grievous injuries and was taken to the General Hospital, Maddur and later shifted to General Hospital at Mandya, wherein he was inpatient and diagnosed for fracture of ilium and also subsequently, he was admitted and discharged. On the matter being contested, the Tribunal having raised relevant issues for consideration, awarded compensation of Rs. 1,36,400/ - on the following heads: <FRM>JUDGEMENT_348_LAWS(KAR).htm</FRM>