THE REGIONAL MANAGER Vs. RAKSHITH

JUDGEMENT

(1.) The appeal in M.F.A.No.2214/2017 by the Insurer and the appeal in M.F.A.No.3181/2017 by the injured Claimant, lay a challenge to the judgment and award dated 29.07.2016 made by the Additional MACT, Sira, allowing M.V.C.No.33/2015, whereby, a compensation of Rs. 11,20,000/- with interest at the rate of 9 % per annum subject to the usual condition of bank deposit, has been awarded. The challenge by the Insurer is on the ground that the award is in excess and the challenge by the Claimant is on the ground of inadequacy of compensation.

(2.) The brief facts stated are: On 26.09.2014, the Claimant was proceeding in the lorry bearing Registration No.KA-16-B-9253 from Tumkur to Bangalore; whilst nearing Kuluvanahalli Bus Stand in Nelamangala Taluk, at around 6 a.m. or so, the said lorry dashed to another lorry bearing Registration No.HR-55-F-5679 that was negligently parked on the middle of the road; as a result of this accident, the Claimant sustained bodily injuries. His claim petition in M.V.C.No.33/2015 was resisted by the Insurer by filing the Written Statement.

(3.) To prove the claim, the Claimant got himself examined as PW.1 and one Dr.Srikanth was examined as CW.2 through Commissioner. In their evidence, 12 documents came to be marked as per exhibits P1 to P12(a), which inter alia comprised of Police Papers, Medical Records and the photographs. From the side of the Insurer, though none was examined, four documents came to be marked as per Exhibits C1 to C4, which inter alia comprised of OPD Card and X-ray Films.