REGIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED Vs. SUNDARESH

JUDGEMENT

(1.) The National Insurance Company Limited filed this appeal challenging the legality and correctness of the judgment and award dated 13th August 2013 made in MVC No.4486/2012 passed by the Motor Accident Claims Tribunal, Bangalore (hereinafter referred to as 'the Tribunal' for short) fastening the liability on them to compensate the claimants.

(2.) The first respondent herein filed a claim petition contending that on 18-02-2012 while he was proceeding in a CT-100 Bajaj Motor cycle bearing Registration No. KA-02/EP- 7806 as a pillion rider, which was ridden by Respondent No.3 on Bagauru-Nuggehalli Road, at about 6.45 p.m., near Chowdenahalli village, a Hero Honda motorbike bearing Registration No.KA-13/S-3839 ridden by its rider in a rash and negligent manner came to extreme right side and dashed against the motorbike in which the claimant was traveling as a pillion rider. Due to the said impact, the claimant fell down and sustained grievous injuries to all over the body. Immediately he was shifted to SSM hospital at Hassan, thereafter he was shifted to Vikram Hospital at Mysore and thereafter he was shifted to Sapthagiri Super Specialty Hospital at Bangalore. The claimant claims that he has spent more than Rs.3,00,000/- towards the medical expenditure. At the time of accident, he was aged about 28 years. He was a driver-cum-owner of the Toyoto Qualis vehicle and earning a sum of Rs.30,000/- p.m. Due to the rash and negligent riding of the Hero Honda, the accident occurred. It was insured with the second respondent. Both respondents 1 and 2 are jointly and severally had to compensate the claimant to an extent of Rs.25,00,000/-.

(3.) In pursuance of the notice issued by the Tribunal, the first respondent entered appearance and filed written statement denying the rash and negligent riding of the Hero Honda motorbike. The Police have charge-sheeted the riders of both Bajaj motor cycle and Hero Honda motorbike for the offenses punishable under Section 279, 338 of IPC. The Hero Honda motorbike is covered by the Insurance policy. Hence sought for dismissal of the claim petition as against the first respondent.