NARASAPPA Vs. UNIVERSAL SOMPO GENERAL INSURANCE CO.LTD.

JUDGEMENT

(1.) The appellant/claimant is before this Court not being satisfied with the quantum of compensation awarded and also aggrieved by the saddling of liability on respondent No.2 - the owner of auto rickshaw instead of on the 1st respondent-Insurer, under the judgment and award dated 28.01.2014 passed in MVC No.7308/2011 on the file of MACT, Court of Small Causes at Bangalore,

(2.) The claimant filed claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries suffered in a Road Traffic Accident that occurred on 15.10.2011. It is stated that on 15.10.2011 when the claimant was standing by the side of NH-4, Bangalore-Tumkur road near Anjaneya Temple, T. Begur, at that time, an Auto rickshaw bearing Reg.No.KA-02 AB-5993 came from Bangalore towards Tumkur in a rash, negligent manner and dashed against the claimant, due to the impact he fell down and suffered grievous injuries.

(3.) On service of summons, the 1st respondent - Insurance Company appeared before the Tribunal and filed its objection denying the petition averments, but admitted the issuance of policy. It is also contended that the driver of the auto rickshaw was not holding valid and effective driving license as on the date of accident. Further the insurer had contented about the negligence of the claimant while walking on the road without observing the traffic rules. The claimant examined himself as PW.1 and examined the Doctor as PW.2 and got marked the documents Exs.P1 to P11. The 1st respondent - Insurer examined the driver of the auto rickshaw as RW.1 and got marked Ex.R.1. The Tribunal on analyzing the material on record awarded total compensation of Rs.1,56,500/- with interest at 8% p.a. from the date of petition till the date of deposit on the following heads :-