SUBUASH Vs. SIDRAM AND ORS.

JUDGEMENT

(1.) THIS appeal is preferred by the appellant/claimant being aggrieved by the judgment and order dated 01.10.2010 passed in M.V.C. No. 267/2006 by the II Addl. M.A.C.T. & Addl. Dist. Judge, Bidar, fastening the liability on the owner and not on the insurance company and also with regard to quantum of compensation awarded.

(2.) BRIEF facts leading to the petition before the Tribunal are that on 28.02.2003 claimant was travelling in a lorry bearing No. KA -39 -6717 from Ahmedabad to Baroda as a cleaner and it was driven by respondent No. 1, who is the owner of the said lorry, it was empty and near Golden Chkadi, on NH No. 8, due to jump of the lorry while driving, the cleaner, who was on the left side door of the cabin fell down and sustained injuries on his body. Soon after the accident he was admitted to Baroda hospital for treatment. He has been treated and follow up treatment was also taken at Basvakalyan. Hence, claimed the compensation of Rs. 5,00,000/ -.

(3.) ON the basis of these pleadings, Tribunal considered the matter and also on the basis of oral and documentary evidence produced in the case, ultimately, allowed the claim petition in part, awarding the compensation of Rs. 34,000/ - with interest at the rate of 6% p.a.. The claim petition is dismissed as against the insurance company, holding that respondent No. 1/owner, as the person liable to pay the entire compensation amount.