ORIENTAL INSURANCE COMPANY LTD Vs. C DHRUVAKUMAR

JUDGEMENT

(1.) Claimant suffered road traffic accident on 11.07.2010 when he was standing at Site No.74/7, Kaverappa Layout, Panathur Village at Bengaluru by the side of bore point to perform pooja. At that time, the driver of the said borewell lorry started to operate negligently without taking proper care endangering to human life and properties. As a result of the accident, a shaft rod fixed to the borewell machine which came out and fell on the back of the petitioner. He sustained severe injuries and was hospitalized. He filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs.2.00 crores on account of the multiple injuries sustained by him in the vacant site. For the purpose of compensation, he claimed that he was doing business as a working partner in Sri Homes and earning Rs.5,62,361/- per annum. The Tribunal by its order dated 02.01.2014 awarded compensation of Rs.23,80,000/- as against claim of Rs.2.00 crores.

(2.) Feeling aggrieved, Insurance Company questioned the very claim petition and the quantum of compensation, both the insurance company and the claimant have filed independents appeals.

(3.) The appeal filed by the claimant for enhancement of compensation depends upon the result of the appeal preferred by the insurance company where the main ground raised by the insurance is on the maintainability of the claim petition. Hence, we propose to first consider and dispose the appeal preferred by the Insurance Company.