ORIENTAL INSURANCE CO LTD Vs. DYANESHWAR LAXMAN CHELLIKERI

JUDGEMENT

(1.) IN this appeal, Oriental Insurance Co. Ltd. has assailed the legality of the judgment and award passed by the Motor Accidents claims Tribunal, Saundatti ('the Tribunal' for short) granting a compensation of rs. 6,30,000 to the claimant.

(2.) CLAIMANT, respondent No. 2, filed a petition under Section 166 of the Motor vehicles Act, 1988 ('the Act' for short), claiming compensation for the injuries sustained by him in a motor accident that had taken place on 30-4-1994 and it was his case before the Tribunal that the jeep bearing no. KA 23-M 2015 was driven in a rash and negligent manner by the driver, respondent no. 1 and due to the said fact he lost control and the vehicle dashed to a pole on the left side of the road. Claimant sustained injuries in the accident and he suffered disability to the extentof 90per cent and hence he claimed rs. 8,00,000 as compensation.

(3.) THE Tribunal, based on the pleadings of the parties and after appreciation of the evidence led in by the claimants and the doctor and documents produced by the claimant as per Exhs. P-1 to P-33, recorded a finding that the accident took place on account of rash and negligent driving of the jeep by its driver. So far as compensation is concerned, on appreciation of the evidence", having regard to the gravity of injuries sustained by claimant, awarded a sum of rs. 6,30,000 to the claimant and fastened the liability to satisfy the award amount on appellant insurance company. Aggrieved by the said award passed by the Tribunal, the appellant is before us.