UNITED INDIA INSURANCE CO. LTD. Vs. SHIVANAND

JUDGEMENT

(1.) The appellant -Insurance Company filed this appeal against the judgment and award dated 13.10.2011, passed in MVC No. 213/2004 on the file of the MACT, Gadag, granting compensation of Rs. 4,80,279/ - together with costs and interest at 6% p.a. from the date of petition till the date of realisation.

(2.) The respondent -claimant filed the claim petition under Sec. 166 of the Motor Vehicles Act, against the appellant -Insurance Company and another, claiming compensation of Rs. 5,00,000/ - together with interest at 18% p.a. contending that on 15.09.1999 at about 6.30 am, the claimant was travelling as a conductor on K.S.R.T.C. bus bearing registration No. KA -26/F -276 from Gadag to Bangalore and at that time, a lorry bearing No. KA -01/B -2646 being driven by its driver in a rash and negligent manner so as to endanger human life coming towards Bangalore from Nelamangala near Glob Transport office, dashed against the bus of the claimant and later dashed to another parked lorry and as a result of the accident, the petitioner sustained grievous injuries and he was shifted for treatment in Government Hospital, Nelamangala and thereafter to the K.C. General Hospital, Bangalore and NIMHANS, Bangalore and again shifted to Manipal Hospital, Bangalore. The claimants states that the respondents 1 and 2 being owner and insurer of the offending lorry, are jointly and severally liable to pay compensation.

(3.) In response to the notice, the respondent No. 1 did not appear before the Tribunal and placed ex -parte. The 2nd respondent - Insurance Company appeared and filed written statement denying the alleged accident, age, occupation, income of the claimant and medical expenses and contended that the driver of the lorry was not holding driving licence to drive his vehicle and therefore, respondent No. 1 alone is liable to pay compensation etc.