UNITED INDIA INSURANCE CO LTD Vs. ROOPA D

JUDGEMENT

(1.) The appellant, the United India Insurance Company, has challenged the legality of the award, dated 08.11.2017, passed by the Motor Accident Claims Tribunal, Udupi (sitting at Kundapura) whereby for the injuries suffered by the respondent, Ms. Roopa D., in a vehicular accident, the learned Tribunal has granted her a compensation of Rs.56,00,200/- along with interest @ 6% per annum from the date of filing of the claim petition, till the date of realization.

(2.) Briefly the facts of the case are that on 16.02.2015, about 7.30 p.m., the claimant-respondent was traveling as passenger in a KSRTC bus from Kundapura to Mangalore. While the bus driver was driving the bus slowly and carefully, near Yermal, Thenka Village, located on National Highway-66, Udupi Taluk, a lorry, bearing Reg. No. TN-40-E-2916, came from the direction of Mangalore city. Since the said lorry was being driven rashly and negligently, it dashed against the KSRTC bus. Consequently, the respondent suffered grievous injuries, namely, deglowing injury of right upper limb at shoulder, arms and forearm, open fracture of humerus shaft with bone loss, segmental fracture both bone forearms, and multiple fracture of proximal phalanx. After recovering from the said injuries, the claimant-respondent filed a claim petition before the learned Tribunal. In order to support her case, she examined two witnesses, including Dr. Ashwath Acharya (P.W.2), and submitted fourty-four documents. Although the Insurance Company did not examine any witness, it did submit a single document, namely the insurance policy. After appreciating the evidence, the learned Tribunal granted the compensation, as aforementioned. Hence this appeal filed by the Insurance Company challenging the quantum of compensation.

(3.) Mr. Ravish Benni, the learned counsel for the appellant-Insurance Company, has raised the following contentions before this Court:-