ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD Vs. SHIVANAND

JUDGEMENT

(1.) The Royal Sundaram Alliance Insurance Company Limited is aggrieved by the award, dated 04.04.2013, passed by the I Addl. Senior Civil Judge and MACT, Gulbarga (henceforth to be referred to as the 'learned Tribunal'), whereby the learned Tribunal has granted a compensation of Rs.15,32,000/- along with an interest at the rate of 6% p.a. from the date of filing of the claim petition till the date of realisation to the respondent3 claimant Shivanand, a 32 years old young man, who become paraplegic due to a vehicular accident.

(2.) Briefly, the facts of the case are that on 10.02010, about 1.00 a.m., the claimant, and one Somashekhar were returning to their village in a Tractor-Trailer, after unloading the agricultural produce at APMC Market Yard. When their Tractor-Trailer was near Hipperga village, situated on the Jewargi-Sindagi road, a lorry, bearing Reg. No.KA-32/B-1007, being driven rashly and negligently, dashed against the Tractor-Trailer. Consequently, the respondent-claimant fell down on the ground and sustained grievous injuries, namely post traumatic parapledgia, and traumatic compression, fracture D11 vertebra, retropulsed fracture fragment causing significant indentation over spinal cord. Immediately, he was rushed to the Government General Hospital at Gulbarga. At the hospital, the doctors reffered the respondent-claimant to the Basaveshwara Hospital. At the Basaveshwara Hospital, he was an inpatient for about four days. Subsequently, he was taken to the Yashodhara Hospital, Solapur, where he was not only an inpatient, but also underwent an operation. According to the respondent-claimant, he incurred about Rs.6.00 lakhs towards the medical expenses alone. Due to the accident, he has become totally paralyzed. Therefore, he filed a clam petition before the learned Tribunal.

(3.) In order to support his case, the respondentclaimant, examined himself as PW.1, and Dr. Raju Kulkarni as PW.2, and submitted fifteen documents. On the other hand, the Insurance Company examined a single witness, and submitted two documents. After appreciating the evidence submitted by both the sides, the learned Tribunal granted the compensation to the respondent-claimant as aforementioned. Hence, this appeal by the Insurance Company.