BRANCH MANAGER Vs. BALAKRISHNA LACHAMAYYA NAIK AND ANOTHER

JUDGEMENT

(1.) Though the appeal is listed for hearing on interlocutory application but with the consent of learned counsel for both the parties the matter is taken up for final disposal.

(2.) The appellant insurance Company being aggrieved by the judgment and award passed by the learned Addl. MACT, Honnavar in M.V.C. No. 8/2012 has approached this Court on two main grounds, i.e.,

(3.) There is no dispute with regard to the claimant suffered serious injuries including fracture in the motor vehicle accident occurred on 08.05.2011 at about 4.30 a.m., near Kasarkod of Honnavar taluk on N.H.17 near Roshan Mohalla, due to the rash and negligent driving of the bus by its driver. There is no dispute further that, claimant Injured has suffered as many as nine injuries as per Ex. P. 10, treatment certificate issued by K.M.C. Hospital, Manipal.