NEW INDIA ASSURANCE COMPANY LIMITED Vs. T SURESH

JUDGEMENT

(1.) THIS is an appeal filed by the insurance company to challenge the judgment and award dated 23-12-1993 in mvc No. 978 of 1987 passed by the motor accident claims tribunal-i, bangalore city, whereunder as against the claim of Rs. 2,02,000/-, the mact had awarded a compensation of Rs. 50,000/- together with interest at 6% p. a. , holding that the both the respondent 2-owner and the appellant-insurance company are jointly and severally liable to compensate the respondent 1-claimant.

(2.) I heard the learned counsel for the appellant-insurance company, Sri o. Mahesh and the learned counsel for the contesting respondent 1- claimant, Sri h. n. nanjundaiah. The respondent 2-owner having been served with notice by way of substituted service by fixture had remained absent before this court. I have also perused the case records together with the records of the tribunal below.

(3.) THE facts relevant for our purpose are as hereunder : that the respondent 1-claimant left his house in his scooter bearing registration No. Mev 9465 to go to his factory (mysore lamp factory) on 19-3-1987. When he reached the 18th cross malleswaram at 12. 30 noon, a matador van No. Med 5708 owned by the respondent 2, insured with the appellant-insurance company came in a high speed and dashed against his scooter. That, because of the said impact, the respondent 1-claimant sustained fracture of his left leg and certain other injuries over his body and his scooter was also damaged. That the respondent 1-claimant stated to be unconscious and he had taken to sanjay gandhi accident and rehabilitation centre, bangalore, and he was in-patient in the said centre for a day and thereafter he was an in-patient in st. Philomina hospital, bangalore, for a period of 40 days. That, the respondent 1-claimant had filed a claim petition before the motor accident claims tribunal-i, bangalore city (henceforth in brief as 'mact') claiming compensation of Rs. 2,02,000/- as against the respondent 2-owner and the appellant-insurance company. That the respondent 2-owner remained ex parte before the mact and with the result an application before the mact was filed by the appellant-insurance company to contest the claim of the respondent 1-claimant on all grounds. It had also filed a detailed objection statement. It appears that the appellant-insurance company among other grounds contended that the claim of the respondent 1-claimant was not maintainable in view of sections 53 and 61 of the employees' state insurance act, 1948 (henceforth in brief as 'esi act' ). The respondent 1-claimant had examined himself as p. w. 1, doctor-witness as p. w. 2 and his employer-witness as p. w. 3 before the mact. He had also filed in all 98 documents including charge-sheet marked as ex. P. 2 filed by the jurisdictional police as against the driver of the matador van, wound certificate marked as ex. P. 7, medical bills and x-rays marked as exs. P. 8 to p. 88 and ex. P. 96 and ex. P. 97. The leave application and certificates produced by the insurance company was marked as ex. R. 1 pertaining to the respondent 1-claimant availing leave benefit under the esi scheme from his employer by the appellant-insurance company. Based on the evidence on record both oral and documentary, the mact had awarded a total compensation of Rs. 50,000/- under different heads and further granted interest at 6% p. a. and also fastened the liability both on the respondent 2-owner as well as the appellant-insurance company. Having been aggrieved thereto, the appellant-insurance company is before this court in filing the instant appeal.