THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD. Vs. DODDA KALYANAPPA @ KALYANAPPA S/O SHANKARAPPA

JUDGEMENT

(1.) Insurance Company as well as claimant are in appeal challenging the judgment and award passed by the Senior Civil Judge and M.A.C.T., at Gangavathi (for short, 'Tribunal') in M.V.C. No.193/2014 whereby the Tribunal has awarded total compensation of Rs. 10,44,406/- with interest at 6% p.a. from the date of petition till realization fastening the liability on the Insurance Company to satisfy the award.

(2.) The claimant filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act') seeking compensation of Rs. 61,00,000/- for the injuries sustained by him in the road traffic accident alleging actionable negligence of the driver of Bajaj Discover-100 motor cycle bearing Reg. No.KA 37/V-1640 duly insured with the insurance company. It was contended that the claimant was pedestrian standing by the side of the road and was aged about 45 years at the time of the accident, 12.07.2013; the nature of the injuries sustained in the said accident being severe has expended huge amount towards medical expenses, apart from suffering pain and agony.

(3.) On service of summons, insurance company appeared and filed its written statement refuting the plea of the claimant. On appreciation of evidence, Tribunal allowed the appeal in part, as aforesaid. Being aggrieved by the same, the claimant is in appeal seeking enhancement of compensation, whereas the insurance company is challenging the liability as well as the quantum of compensation awarded by the Tribunal as excessive.