BRANCH MANAGER NATIONAL INSURANCE CO. LTD. Vs. SAROJAMMA

JUDGEMENT

(1.) In this appeal, the Insurance Company has challenged the judgment and award dtd. 18/6/2013 in M.V.C.No.147/2011 passed by the Addl. Senior Civil Judge, J.M.F.C. and Addl. M.A.C.T.- 10, Sagar ('the Tribunal' for short).

(2.) Appellant was respondent No.2, respondents No.2 and 3 are the petitioner and respondent No.1 before the Tribunal. For the sake of convenience, the rank of the parties shall be referred to as per their status before the Tribunal.

(3.) Brief facts of the case are, on 21/9/2010 at about 04:30 p.m., while the petitioner was walking from Anandapura Fish Market to Siddeshwara Colony of Sagar Taluk, a Hero Honda motor cycle bearing Reg.No.KA-15/L-7234 rided by respondent No.1 hit against the petitioner, due to which she has suffered injuries over head, left foot, fracture of knee, back, hands and all over the body. She was treated at Government Hospital, Anandapura and K.M.C. Hospital, Manipal under hospitalization. After taking treatment, she approached the Tribunal for grant of compensation of Rs.6,40,000.00. Claim was opposed by the Insurance Company. The Tribunal after taking the evidence and on hearing both the parties, allowed the claim petition and awarded compensation of Rs.2,41,760.00 with 9% interest p.a. directing the Insurance Company to indemnify the owner of the motor cycle. Aggrieved by the same, the Insurance Company has filed this appeal on various grounds.