SHRIRAM GENERAL INSURANCE CO , LTD Vs. MANJUNATH

JUDGEMENT

(1.) The insurer being aggrieved by the judgment and award dated 6.3.2013, passed in MVC No.35/2012, by the Addl. MACT and Fast Track Court, Koppal , filed this appeal .

(2.) It is the case of the claimant before the tribunal that, on 28.4.2011, at about 9.50 a.m., he was proceeding on Kanakagiri Gangavati road near Aralihalli cross. At that time one TATA Ace bearing No.KA-37/8623 driven by respondent No.1 came from opposite direction in a rash and negligent manner and dashed to the claimant's vehicle. Due to the accident the claimant sustained grievous injuries on his head, chin, left arm and fracture of his elbow along with fracture of knee. Immediately he was shifted to Government Hospital, Gangavathi , wherein he was treated initially and thereafter he took treatment at SDM Hospital, Dharwad, as inpatient for 9 days and other hospitals and spent huge amount for treatment. Prior to the accident he was working as mestri and getting salary of Rs. 10,000.00 per month. Due to the accidentalinjuries, he has become disabled. Therefore he claimed compensation of Rs. 15,13,973.00 against the driver, owner and insurer of the of fending vehicle.

(3.) In pursuance of notice, respondents appeared before the tribunal . Respondent No.1 has not chosen to file any objections. Respondent No.2 owner of the vehicle has filed the written statement denying that the accident was due to rash and negligent driving of respondent No.1. Further, respondent No.1 is having valid driving license and his vehicle is duly insured with respondent No.3 and in case of any liability, it may be fixed against respondent No.3.