NINGAPPA Vs. LIONS COMPREHENSIVE EYE CARE FUNDATION

JUDGEMENT

(1.) The appeal MFA No.20104/2014 is filed by the claimant for enhancement of the compensation and MFA NO.200088/2014 is filed by the Insurance Company challenging the quantum of compensation awarded by the Tribunal vide judgment dated 25.10.2013 in MVC No.395/2011.

(2.) The facts leading to these appeals are that on 24.10.2010 the petitioner was proceeding on motorcycle as pillion rider, while he was proceeding so on Chadachan-Zalaki road 6 Km away from Baradol village at about 11.20 a.m., Mini Bus bearing Reg.No.MH- 10/K-9036 came from opposite side in a high speed, rash and negligent manner driven by its driver and dashed to said motorcycle thereby causing accident.

(3.) The appellant-insurance company contends that the vehicle, which involved in the accident, was not having permit. Hence, it is contravention of Section 66 of the Motor Vehicles Act, 1988 and was not also having certificate of fitness to ply on public road.