REVANNA Vs. RAJESH AND ORS.

JUDGEMENT

(1.) THESE appeals have arisen out of the judgment and award dated 27.3.2010 passed by the Prl. Civil Judge (Sr.Dn) & MACT, Srirangapatna, in MVC. No. 1173/2007. MFA. No. 7021/2010 is filed by the claimant and MFA. No. 8236/2010 is filed by the insurer -Oriental Insurance Co. Ltd.

(2.) THE claimant -Revanna was traveling as a pillion rider on a motor cycle bearing Registration No. KA -02 -S -9774 which was driven by one R. Krishna. When the said motor cycle was proceeding from M. Shettihalli -Srirangapatna towards Mysore at about 9.00 am, on 17.1.2007, the rider of the said vehicle drove the same in a rash and negligent manner and dashed against the car, as a result of which, the claimant fell down and sustained injuries. He was immediately shifted to K.R. Hospital, Mysore and treated as inpatient from 17.1.2007 to 15.2.2007 and again he was admitted to the hospital on 21.2.2007 as inpatient till 7.3.2007. In the light of the injuries sustained in the said accident, the claimant filed a claim petition seeking compensation of Rs. 10,70,000/ -. The said petition was contested by the insurer and the following issues came to be framed by the Tribunal.

(3.) ACCORDING to the learned counsel for the appellant/claimant, the compensation awarded by the Tribunal is grossly inadequate. According to the insurer the trial Court could not have mulcted with the insurance policy issued in favour of the 1st respondent as the offending vehicle in question did not cover the risk of the pillion rider.