ORIENTAL INSURANCE CO. LTD. Vs. RAMESH POOJARY

JUDGEMENT

(1.) MFA No.4671/2014 is filed by the Insurance Company challenging the judgment and award dtd. 8/4/2014 passed in MVC No.1147/2005 by the Additional District and Sessions Judge and MACT, Udupi sitting at Kundapura, questioning the liability to pay the compensation and also quantum of compensation awarded by the Tribunal.

(2.) The claimant has filed MFA Crob.No.112/2014 in MFA No.4671/2014 for seeking enhancement of compensation awarded by the Tribunal.

(3.) It is the case of the claimant that the claimant was working as Gas Cylinder delivery boy under the employment of Owner of Bharat Gas Distributors and on 28/8/2005 at 12:15 p.m., the claimant was travelling in the Goods Auto Rickshaw bearing Registration No.KA-20 A-2743, from Tekkatte to Kundapura and the said Auto Rickshaw was driven by one Ganesh Marakala and the claimant was sitting beside the driver and due to driving of the Goods Auto Rickshaw with high speed, rash and negligent manner, the Goods Auto Rickshaw was toppled down and hence, the claimant has sustained injuries and claimed compensation by filing the claim petition under Sec. 166 of the Motor Vehicles Act.