RAJU Vs. DIVISIONAL MANAGER, ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and award dated 17.10.2012 passed by the Addl.Motor Accidents Claims Tribunal, Belgaum, seeking enhancement of compensation awarded in MVC No.1959/2011.

(2.) THE claimant -Kiran Gundu Bi lgaoj i was proceeding on a motor -cycle bearing No.TC -201 along with pi l l ion rider from Belgaum towards Halaga on 30.05.2011. At about 16.45 hours, a K.S.R.T.C. bus bearing registration No.KA -22/F - 1757 driven by its driver in a rash and negl igent manner came behind the claimant and dashed against him. He lost control over the motor -cycle. As a result, he fel l down and sustained grievous injuries. According to him, he sustained intraarticular fracture to right glenoid foss, compound/comminuted fracture to right hand, dislocation of hand, injuries to right leg and right hand. Therefore, he preferred a claim -petition claiming compensation in a sum of Rs. 25,00,000/ -. He f i led the petition against the Insurance Companies. The respondents were duly served. They f i led their statement of objections contesting the claim. However, they did not dispute the accident and the insurance coverage.

(3.) IN fact, the pil l ion rider also had f iled one more petition. As both the petitions arise out of the same accident, the Tribunal framed the fol lowing issues, which are as under: -