BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Vs. SHESHAPPA

JUDGEMENT

(1.) The insurance company being aggrieved by the judgment and award dated 23.9.2010, passed in MVC No.70/2009, by the MACT-IX, Ballari, has filed this appeal .

(2.) The status of the parties is referred to as per their ranking before the tribunal . The respondent No.3 insurance company before the tribunal is the appellant herein. The claimant/petitioner before the tribunal is respondent No.1 herein and the driver and owner of the offending vehicle, respondents No.1 and 2 before the tribunal are the respondents No.2 and 3, respectively, in this appeal .

(3.) It is the case of the claimant before the tribunal that on 26.9.2008, while the claimant was proceeding on his motorcycle on proper side of the road, in front of the house of Mallikarjun on Talur Mata Sugur Road, near Uttanur cross, at about 2.30 p.m. , respondent No.1 being the driver of the tractor and trailer bearing registration No.AP-21/V-1337-1901, drove the same in a rash and negligent manner, in a high speed and dashed against the motorcycle of the claimant, resulting in the accident. The claimant/petitioner fell down and sustained grievous injuries. He was taken to VIMS hospital , Ballari. Thereafter he was shifted to Sanjay Gandhi Institute of Trauma and orthopedics and he was treated for a period of three months as inpatient and he incurred heavy medical expenses. Since respondent No.2 being the owner of the tractor and trailer, and the said vehicle was duly insured with the respondent No.3 insurance company, both are liable to pay the compensation.