DIVISIONAL MANAGER Vs. RAJARAM GANAPATI MANGALEKAR

JUDGEMENT

(1.) The appellants have filed these appeals under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award passed by the Fast Track Court III and Additional MACT, at Belgaum dated 11.08.2009 in MVC No.2086/2000. MFA No.20621/2010 has been filed with a prayer of setting 4 aside the judgment and award under appeal, whereas the other MFA No.23946/2009 is filed seeking enhancement of compensation awarded under judgment and award under appeal.

(2.) In MFA No.20621/2010 the appellant company has taken a contention that the driver of the offending vehicle has been charge sheeted under Section 3 of the Motor Vehicles Act which was produced and marked as EX.D3 by the insurer. He had also filed an application before the Tribunal summoning the insured and the driver of the offending vehicle to produce the Driving Licence. However, the Tribunal below ignored this fact and fastened the liability even upon the Insurance Company. With this it has prayed for setting aside the judgment and award under appeal.

(3.) In MFA No.23946/2009 the appellant has taken a contention that he was inpatient at Nirmal hospital, Belgam where he underwent an operation also. Thereafter he was shifted to Lafayatee hospital at Nippani. Thus he has incurred medical expenses of more than Rs.50,000/-.