ORIENTAL INSURANCE COMPANY LIMITED Vs. B. N. KIRAN

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of learned counsel on both sides, the matter is taken up for final disposal.

(2.) This appeal is directed against the judgment and award dated 01.09.2012 rendered by the II Addl. Senior Civil Judge and AMACT, Shimoga in MVC No.297/2011 whereby the Tribunal has awarded compensation of Rs.9,82,300/- with interest @ 6% p.a.

(3.) The factual matrix of the appeal is that on 11.11.2010 the petitioner was going along with his colleague Smt.Sulochana from Bhadravati to Shimoga side on Hero-Honda Super Splendor motor cycle bearing Regn.No.KA-14-S-8955 in order to attend marriage. While proceeding near Malavagoppa village at about 7.00 p.m., a lorry bearing Reg.No.KA-46-1838 driven by the second respondent in a rash and negligent manner from Bhadravathi side, suddenly took U turn. Since, the lorry was unable to take right turn, the driver, all of a sudden took the vehicle in reverse direction and on account of that the lorry dashed against the motor cycle. Due to the said impact, the petitioner and the pillion rider fell down and sustained grievous injuries. Thereafter, he was taken to different hospitals and took treatment as an inpatient. He was working as a faculty member in VISHJ Government Polytechnic at Bhadravathi and getting a consolidated salary of Rs.10,000/- p.m. Prior to accident he was hale and healthy, but due to the accidental injuries, he is unable to do work as earlier. On all these grounds, the claim petition was filed before the Tribunal seeking compensation.