NATIONAL INSURANCE CO. LTD. Vs. MAHESH AND ORS.

JUDGEMENT

(1.) The insurer is before this Court challenging the judgment and award passed by the Addl. Motor Accident Claims Tribunal, Gadag, in MVC No. 74/2003.

(2.) The facts in brief are that, it transpires that on 7.4.2002 the injured and his friend Mahabaleshwar were travelling in a motorcycle No. KA -37/J -215. It is alleged that when they reached near Jakkali cross, the claimant has parked his motorcycle by the side of the road and his friend Mahabaleshwar has gone to fetch some goods, at that time a truck proceeding from Gajendragad to Naregal came in a rash and negligent manner and collided with the motorcycle in which the claimant was sitting. Due to the said accident the claimant fell down and sustained grievous injuries and fracture. Based on these grounds the claim petition filed before the Tribunal was allowed in part awarding the compensation of Rs. 1,24,500/ - with interest at 6% p.a.

(3.) Being aggrieved by the said judgment and award, the insurer is before this Court challenging the liability fastened on the insurer to pay the compensation amount and to recover it from the owner.