UNITED INDIA INSURANCE COMPANY LIMITED Vs. NAVEEN

JUDGEMENT

(1.) THESE two appeals respectively by the Insurer and the injured Claimant are directed against the same judgment and award dated 31st October 2011, passed in MVC No. 8214/2010, by the Principal Motor Accident Claims Tribunal, Court of Small Causes, Bangalore, (for short, 'Tribunal' ).

(2.) WHILE the Insurer has filed the appeal on the ground that, the Tribunal is not justified in fixing the entire negligence on the part of the driver of Lorry and the same is liable to be set aside; the injured claimant has filed the appeal, seeking enhancement of compensation on the ground that the compensation of Rs. 5,61,459/ - awarded by Tribunal in his favour for the accidental injuries and the consequential amputation of left hand at shoulder level is on the lower side.

(3.) THE facts of the case as stated in the claim petition are that, at about 4 -00 P.M., on the ill -fated day, i.e. on 23 -10 -2010, when the injured claimant along with others was riding a Motor Cycle bearing Registration No.KA -07/L -6566, slowly and carefully from Malur Town towards Hosahalli Agrahara, near Tekal cross, in front of Mathrushree garden, they met with an accident on account of rash and negligent driving by the driver of Lorry bearing Registration No.TN -20/AU -0515 which came from the wrong side of the road. Due to the impact, the injured claimant and others sustained grievous injuries and the injured claimant was shifted to R.L. Jalappa Hospital for the treatment of the accidental injuries.