ORIENTAL INSURANCE COMPANY Vs. TONTESH

JUDGEMENT

(1.) MFA No.101270/2016 is filed by the Insurance Company challenging the quantum of compensation awarded by the Tribunal as well as negligence, whereas, MFA.CROB No.100068/2023 is filed by the appellant/injured seeking for enhancement of compensation. Both these appeals are filed, being aggrieved by the judgment and award dtd. 9/2/2016 passed in MVC No.134/2014 on the file of VI Addl. District & Sessions Judge & Addl. M.A.C.T, Belagavi (for short, 'Tribunal').

(2.) Brief facts leading to filing of these appeals are that on 17/10/2013, at 12.00 noon, on NH-A, near Hidkal Dam Cross, the driver of Goods vehicle bearing Registration No.KA-22-B-2378, drove the same in rash and negligent manner and dashed two wheeler bearing Registration No.KA23-EF-6449, ridden by the appellant/injured. Due to accident, the appellant/injured sustained grievous injuries. He was shifted to the hospital and took treatment. Hence, he filed claim petition seeking compensation.

(3.) The respondent entered appearance before the Tribunal and filed statement of objections denying all the averments made in the petition and sought for dismissal of the claim petition.