BRANCH MANAGER,NATIONAL INSURANCE CO LTD Vs. MALLAPPA

JUDGEMENT

(1.) The Insurance Company filed the present appeal against the judgment and award dated 01.12.2010 made in MVC.No.269/2010 on the file of the MACT and Fast Track Court-I at Raichur awarding compensation of Rs.1,60,070/- with interest at 6% per annum.

(2.) The first respondent who is the claimant filed a claim petition under Section 166 of Motor Vehicles Act claiming compensation Rs.5,20,000/- contending that on 02.05.2009 at about 8.45 p.m. when he was proceeding on TVS XL motorcycle towards Nalwad village on Hutti Raichur road, at that time, the driver of Jeep bearing No.KA-36/M-2031 came from opposite direction in a rash and negligent manner and dashed to the motorcycle of the claimant and due to which the claimant fell down and sustained grievous injuries over 3rd and 5th ribs left side, injury on nose, left hand, mular eminencer and other parts of the body. Immediately, he was shifted to Hutti Gold Mines Hospital, where he took treatment for four days as inpatient and then he shifted to OPEC Hospital, Raichur and again took treatment for wrist fracture at Suraksha Orthopedic and Trauma Centre, Raichur and spent Rs.1,50,000/- towards medical expenses and miscellaneous expenses. He further contended that he was working as Attender in Government Maternity Hospital and was drawing salary of Rs.12,000/- per month and contributing the same to his family and due to the accident, he became permanent disable and unable to attend his work as earlier and has lost his earnings during the course of treatment etc. Therefore, he sought to allow the petition as prayed for.

(3.) In response to the notice, the claim petition as against respondent No.1-driver came to be dismissed as not pressed.