BRANCH MANAGER, NATIONAL INSURANCE CO. LTD. Vs. BASAVARAJ

JUDGEMENT

(1.) The insurer has filed the appeal challenging its liability to indemnify the owner. In the other case, the claimant has filed an appeal seeking enhancement of compensation for the injuries sustained in a motor vehicle accident. The facts reveal that on 04.11.2007 the claimant was travelling on the motorcycle bearing registration No. K.A. 28/L-1319 from Sindagi and at about 10.00 a.m. a jeep bearing registration No. MHG06/A-8870 driven in a rash and negligent manner came and hit the motorcycle and thereby the claimant fell down and sustained grievous injuries. He was treated at Sindagi and Miraj hospitals, incurred medical expenses and suffered disability. Therefore, made a claim for compensation for pain, suffering, mental agony, medical expenses, loss of income etc.

(2.) During the enquiry the claimant was examined as P.W. 1 and the doctor as P.W. 2. In their evidence Ex. P-1 to P-14 were marked. On behalf of the insurer RW 1 was examined and in his evidence Ex. R-1 to R-3 admitted in the evidence.

(3.) The Tribunal after appreciating the record granted compensation of Rs. 4,08,000/- with interest at 6%. Challenging its liability the insurer has filed MFA No. 31888/2010, whereas other appeal is filed by the claimant seeking enhancement of compensation.