H.A. ANIL Vs. B.K. YOGISH

JUDGEMENT

(1.) The appeal in MFA No.10005/2010 is by the Insurance Company and the appeal in MFA No.7651/2011 by the claimant lay a challenge to the judgment and award dated 31.07.2010 made by Addl. MACT, Hassan allowing MVC 1649/2007 whereby a compensation of Rs. 60,000.00 has been awarded with 6% annual interest thereon subject to usual condition of bank deposit. The Challenge by the insurer is on the ground of liability itself whereas the challenge by the claimant is on the ground of inadequacy of compensation.

(2.) On 14.06.2005 because of the accident caused by the offending Tata Sumo bearing registration No.KA-27 B-8786 due to rash and negligent driving, the minor Claimant had sustained grievous injuries. In his claim petition in MVC No.1649/2007, the injured had filed the written statement resisting the claim.

(3.) To prove the claim, the father of the Claimant namely Annappa (wrongly stated to be Suresha) was examined as Pw1 and in his evidence 09 documents came to be marked as per EX.P1 to EX.P9 which inter-alia comprised of the Police papers, IMV Report and the medical records. The doctor who had treated the injured boy was examined as PW2. From the side of the insurer, one K.N. Ramachandra, its official was examined as