BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD Vs. NARASIMHAIAH

JUDGEMENT

(1.) In an accident that occurred on 20.03.2013, at about 7.45 p.m., on Bengaluru-Mysuru Road near Kaniminike Village, Bengaluru South Taluk, Sri Narasimhaiah S/o T Thimmaiah / respondent No.1 in MFA No.7168/2017 suffered personal injuries. He was admitted to H K Hospital and was later shifted to BGS Global Hospital, Bengaluru, where he was in-patient for 35 days. According to him, he had to undergo surgeries and incur heavy expenditure towards his medical treatment. The injuries sustained by him impaired him neurologically and physically leaving behind permanent disablement. He moved the Motor Accident Claims Tribunal, Bengaluru, seeking compensation. The claim was resisted by the appellant/Insurer - M/s. Bajaj Allianz General Insurance Company Limited. Owner of the vehicle who was arrayed as respondent No.1 before the Tribunal did not appear and contest the matter and was therefore placed ex parte. Insurance Company denied the assertions made by claimant that the accident had occurred due to involvement of the vehicle Toyoto Innova bearing Registration No. KA 05 ME 6746 and as a result of negligence on the part of its driver.

(2.) The Tribunal, having framed necessary issues for consideration regarding involvement of vehicle and actionable negligence on the part of the driver as also with regard to entitlement of compensation by the claimant, having afforded an opportunity to both parties to lead evidence, has recorded findings that it was indeed on account of negligent act of the driver of Toyoto Innova bearing Registration No.KA-05 ME 6746 that accident occurred, due to which claimant sustained serious personal injuries resulting in his physical impairment.

(3.) Insofar as quantum of compensation is concerned, the Tribunal, having examined the evidence including that of PW.4-Dr. Ramesh S Doddamani, has awarded compensation under different heads as under: