ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. Vs. CHOWDAPPA

JUDGEMENT

(1.) MFA.No.10216/2012 is filed by the appellant/Insurance Company questioning liability fastened on the Insurance Company and MFA.No.10407/2012 is filed by the appellant/claimant seeking for enhancement of compensation under Sec. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'MV Act' for short) challenging the judgment and award dtd. 26/7/2012 passed in MVC.No.102/2007 by the Additional Senior Civil Judge, Addl. MACT, Ramanagaram.

(2.) The brief facts of the case are that on 28/12/2006 at about 2.30 p.m., the claimant-injured was doing mason work related to pipeline of Kabbalu- Kachuvanahalli Road and a tractor bearing No.KA-05-T- 2984 and a trailer bearing No.2985 came in a very high speed and dashed against the claimant who was working by the side of the road, as a result of which the claimant sustained grievous injuries. Therefore, the claimant preferred claim petition under Sec. 166 of MV Act, seeking compensation.

(3.) The factum of the accident and the injuries sustained are not in dispute. The only dispute is regarding whether the Insurance Company is liable to pay compensation and whether the claimant is entitled to an enhancement of compensation.