MANAGER RELIANCE GENERAL INS CO LTD Vs. YALLAPPA

JUDGEMENT

(1.) MFA No.25088 of 2010 is filed by the insurance company for reduction of the compensation and MFA No.25110 of 2010 is filed by the claimant for enhancement of the compensation against the judgment and award dated 1st June 2010 passed by the Motor Accident Claims Tribunal-II, Bagalkot, in MVC No.167 of 2008.

(2.) Brief facts of the case are that on 24.06.2007 at about 11.30 p.m., the claimant- Yallappa was returning from Bagalkot to his house situated at Vijaya Nagar, Vidyagiri, Bagalkot on his motorcycle bearing registration No.KA-29/L-3219. When he came near Dr. Telsang Garden Land on Vidyagiri bypass road, at that time, one LMV taxi bearing registration No.KA-29/8269 driven by its driver came from opposite direction in a rash and negl igent manner and dashed against the motorcycle of Yallappa and ran over his right foot and thigh. Due to the accident, Yallappa sustained grievous injuries and was admitted to HSK Hospital, Bagalkot, for treatment and later was shifted to KLE Hospital, Belgaum where he took treatment as an inpatient and has undergone a surgery wherein his right leg below knee has been amputated. After recovering from the injuries, he filed a claim petition before the Tribunal in MVC No.167/2008 claiming compensating of Rs.58,50,000/-.

(3.) In response to the notice, respondent No.1-owner of the vehicle appeared through counsel and filed objections denying that the alleged accident has occurred due to the rash and negligent act on the part of his driver. Further, he has admitted his ownership over the offending vehicle and submitted that the vehicle was validly insured with the second respondent as on the date of the accident and that the driver was holding a valid and effective driving licence, he is not liable to pay the compensation and accordingly prayed for dismissal of the petition.