MANAGER Vs. N MAYEDGOWDA

JUDGEMENT

(1.) Bajaj Alliance General Insurance Company filed this appeal challenging the legality and correctness of judgment and award dated 25th January 2011 made in MVC No.834/2008 passed by the Motor Accident Claims Tribunal, Srirangapatna (hereinafter referred to as "the Tribunal" for short) fastening the liability on them to compensate the claimant.

(2.) The first respondent herein filed a claim petition contending that on 10-01-2008 at about 6.00 p.m., while he was proceeding on his bicycle to Kyathanahalli village on the left side of the road, near Kadathanalu Government Primary School, the rider of the motorcycle bearing Registration No. KA-11/R-1172 rode the same in a high speed, in a rash and negligent manner and dashed against the bicycle from the backside. Due to that the claimant fell down and sustained grievous injuries to his leg. Immediately after the accident, the rider of the offending motorcycle who is first respondent therein requested the claimant not to lodge any complaint and he would suitably compensate the claimant. On the next day itself, the first respondent paid a sum of Rs.2,500/- and also executed an undertaking on the stamp paper that he will pay the compensation for the injuries sustained. On 11-01-2008, the claimant got admitted to the K.R.Hospital at Mysore and taken treatment therein as inpatient till 28-01-2008. In spite of the undertaking given by the first respondent, he did not pay any compensation amount for the injuries sustained. Accordingly, MLC register was sent to the jurisdictional police on 24-01-2008. Thereafter, a legal notice was issued on 22-02-2008 calling upon the first respondent to pay the compensation amount. In the accident, he has sustained the fracture of Myaliyalo bone of the left leg, he has undergone surgery on 14-01-2008 by fixing screw. Thereafter he has taken follow-up treatment for a period of six months. In view of mal-union of the fractured bone, he had become permanently disabled to do any work. Hence he filed the claim petition seeking compensation of Rs.4,50,000/-.

(3.) In response to the notice issued by the Tribunal, the first respondent entered appearance and filed written statement admitting the occurrence of the accident and also payment of Rs.2,500/- to the claimant, however he has disputed the rash and negligent riding of the motorcycle. Further the Insurance policy was in force as on the date of accident, he has got valid and effective driving license. Hence, the insurance company is liable to compensate the claimant and sought for dismissal of the claim petition as against him.