ORIENTAL INSURANCE COMPANY LIMITED Vs. S SHIVAMURTHYLABIC

JUDGEMENT

(1.) This miscellaneous first appeal is filed by the appellant-Insurance Company challenging the judgment and award dated 08.05.2009 passed in MVC No.281/1997 on the file of the Civil Judge (Sr.Dn.) and JMFC and Addl. MACT, Bhadravathi.

(2.) It is the contention of the Insurance Company that the claimant has filed the claim petition before the Tribunal contending that on 15.10.1997 he was moving as a pillion rider on a Hero Honda motor cycle driven by one Jagadeesha and when they were near Pillangeri Village at about 2.30 p.m., a car bearing Reg.No.KA-18- 1715 driven by 2nd respondent came from opposite direction in a rash and negligent manner and dashed against the motorcycle of the petitioner. Due to which, 1st respondent suffered injuries. Hence, the claim petition was filed before the Tribunal and the Tribunal after considering both oral and documentary evidence awarded compensation of Rs.2,87,000/- along with interest at 6% p.a and fastened the liability on the Insurance Company. Being aggrieved by the same, the appellant-Insurance Company has filed this appeal.

(3.) The learned counsel for the appellant - Insurance Company has contended that Tribunal has failed to notice that the Insurance Company had issued a policy of insurance covering the risk from 16.10.1997 to 15.10.1998 and the policy of insurance was also issued to the said effect. There was no protest on behalf of the owner of car with regard to mentioning of the date of commencement of risk. It is further contended that the Tribunal ought to have noticed the date and time mentioned in the policy of insurance as per the decisions rendered by the Apex Court. Regarding quantum of compensation is concerned, the Tribunal is unrealistic and the same deserves to the scaled down. Hence, prays to set aside the judgment and award passed by the Tribunal.