RAMANATH M. KODI Vs. G.D. SUBRAYA SHERIGARA

JUDGEMENT

(1.) The claimant is in appeal, not being satisfied with the quantum of compensation awarded under the judgment and award dated 10.10.2013 in MVC No. 1360/2007 on the file of the Senior Civil Judge and Additional Motor Accident Claims Tribunal, Kundapura (hereinafter referred to as 'the Tribunal' for short).

(2.) The claim petition was filed under Section 166 of the Motor Vehicles Act, seeking compensation for the damages caused to their hotel Sea Land Bar and Restaurant situated at Maravanthe village, Kundapura Taluk in a road traffic accident that occurred on 13.01.2007. It is stated that on 13.01.2007, the driver of tipper lorry bearing registration No. KA-20/6424 belonging to the first respondent drove the same in a rash and negligent manner. Due to which, he lost control and dashed against the hotel of the claimants. Due to the said accident, the hotel building and articles existing therein were completely damaged. The Civil Engineer inspected the spot and estimated the damages caused to the hotel to the tune of Rs. 3,75,476/-. Further it is stated that the claimants suffered loss of income due to the damages caused to the hotel building.

(3.) On service of notice, the second respondent/insurer appeared before the Tribunal and filed its written statement admitting issuance of policy in respect of tipper lorry. The insurer denied the rash and negligent driving of the tipper lorry by its driver. The insurer also denied the expenses incurred by the claimants and stated that the compensation claimed is excessive and exorbitant.