CHANNABASAVAIAH Vs. BAJAJ ALLIANZ INSURANCE CO LTDLABIC

JUDGEMENT

(1.) Mfa.No.9025/2015 is filed challenging the judgment and award passed in MVC.No.992/2009 dated 23.09.2015 on the file of II Addl. Senior Civil Judge & MACT, Tumkur and MFA.No.9024/2015 is filed challenging the judgment and award passed in MVC.No.993/2013 dated 17.08.2015 on the file of the Prl. Senior Civil Judge & MACT, Tumkur questioning the quantum and also fastening the liability on the insured.

(2.) The brief facts of the case is that, the claimants filed claim petitions before the Tribunal contending that on 29.03.2009 at about 5.00 p.m., when the claimants were returning from Talacauvery temple in a car, a lorry bearing Reg.No.KA-13-7675 driven by its driver came in a rash and negligent manner and dashed against the car. Due to which, front portion of the car and right side was completely smashed and entire front portion was pushed inside the car. As a result, the claimants sustained grievous injuries. The Tribunal considering the matters and after considering both oral and documentary evidence independently, allowed both the claim petitions awarding compensation of Rs.3,07,000/- in MVC.No.992/2009 and Rs.56,400/- in MVC.NO.993/2013 with interest at 6% p.a and fastened the liability on the insured.

(3.) In order to substantiate the case in MVC.No.992/2009, the claimant was examined himself as PW.1, one more witness as P.W.2 and the doctor was examined as P.W.3 and got marked the documents as Exs.P.1 to P.25. On behalf of the respondents, legal executive was examined as R.W.1 and got marked the documents as Exs.R.1 to R.5. In MVC.No.993/2013, the claimant was examined herself as PW.1 and the doctor was examined as P.W.2 and got marked the documents as Exs.P.1 to P.12. On behalf of the respondents, legal executive was examined as R.W.1 and got marked the documents as Exs.R.1 to R.5.