BRANCH MANAGER, SHRIRAM GENERAL INSURANCE CO Vs. MEHBOOBSAB

JUDGEMENT

(1.) MFA No.23069/2012 is filed by the Insurance Company challenging the liability fastened on it, on the ground that the owner of lorry bearing registration No.KA-28/A-2982 has filed claim petition against himself by making the Insurance Company as party. Whereas, MFA No.743/2013 is filed by the claimant, seeking enhancement of compensation.

(2.) Both the appeals are filed against the judgment and award dtd. 9/2/2012 passed in MVC No.320/2010 on the file of Senior Civil Judge and MACT, Gangavathi (for short, 'Tribunal').

(3.) Brief facts of the case are that on 19/6/2010 at about 5.00 a.m., the claimant was travelling in a lorry bearing registration No.KA-28/A-2982 from Gangavathi main road, in between Chikkabenakal-Hrebenkal road. At that time, driver of lorry bearing registration No.KA-28/A-2982, who was arraigned as respondent No.1 before the Tribunal, driven the same in a rash and negligent manner. As a result of which, the said lorry went in a ditch by the right side of the road, on account of which, the claimant sustained grievous injuries. Therefore, the claimant, being the owner of lorry bearing registration No.KA28/A-2982, has filed the claim petition under Sec. 166 of Motor Vehicles Act, 1988 (for short, 'Act'), seeking compensation.