MANAGER, ICICI LOMBARD GIC LIMITED Vs. NARAYANA K.

JUDGEMENT

(1.) In M.F.A.No.2971/2014, the Insurance Company has challenged the judgment and award dtd. 7/10/2013 in M.V.C.No.5750/2012 passed by the Court of Small Causes and M.A.C.T., Bengaluru (SCCH-09) ('the Tribunal' for short).

(2.) For the sake of convenience, the parties shall be referred to as per their status before the Tribunal.

(3.) Brief facts of the case are, on 15/9/2012 at about 09:30 pm on Jigani - Bannerghatta Road, near Bannerghatta Circle, Bengaluru, while the petitioner was riding the motor cycle bearing Reg.No.KA03/EW-5652, hit by a Maxi-cab bearing Reg.No.KA05/C-5609, injuring him. After taking treatment at Vijayashree Hospital, Gottigere, the petitioner approached the Tribunal for grant of compensation of Rs.6,00,000.00. Claim was opposed by the Insurance Company. The Tribunal after holding enquiry and taking the evidence, by impugned judgment, awarded compensation of Rs.4,52,232.00 with 6% interest p.a. Aggrieved by the same, the Insurance Company has filed M.F.A.No.2971/2014 on various grounds. After service of notice, the petitioner has filed cross-objection (M.F.A.CROB. No.20/2016) pleading inadequacy and seeking enhancement of compensation.