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

JUDGEMENT

(1.) THESE two appeals are arising out of the common judgment passed by the tribunal and since the common question of law and facts are involved in both the matters, they have been taken up together to dispose off them by common judgment.

(2.) M .F.A. No. 32410/2010 is the appeal preferred by the appellant - Insurance Company, aggrieved by the judgment of the tribunal, fastening the liability on it to pay the compensation awarded and so also with regard to the quantum of compensation awarded by the tribunal.

(3.) THE brief facts of the claimant's case before the Tribunal is that on 14 -04 -2009 at about 8 -30 p.m., petitioner was riding his two wheeler along with his pillion rider, slowly on the left side of the road and when the petitioner was near Choudapur Bus Stand, one Goods Tempo vehicle bearing Regn. No. KA -32 -4339 came in rash and negligent manner from Chowdapur side and that due to high beem of the head -light of the tempo, the petitioner was not able to see the front side of the road and that therefore he took the vehicle to the extreme left side of the road, respondent No. 1 came driving the said goods tempo and dashed against the vehicle of the petitioner and caused the accident. Petitioner sustained injuries and he became semi conscious and he was taken to the hospital. It is his further case that he has spent Rs. 2.50 lacs for his treatment. He was doing lemon plantation in his lands and was earning Rs. 50,000/ - per month and hence he claimed the compensation.