RAJESH POOJARY Vs. RAJESH, S/O DHANANJAYA

JUDGEMENT

(1.) This appeal is filed challenging the liability fastened on the appellant/insured, wherein the Tribunal in MVC No.1046/2011 while awarding compensation to the claimant for the injuries sustained by him in a road traffic accident absolved the insurer and held the insured liable to pay the compensation.

(2.) The brief facts of the case are that on 1.4.2011, the claimant/respondent No.1 was riding his bicycle from his factory towards his house i.e. from Belman side towards Karkala side and when he reached near Bramari Cross, Nitte village, Karkala Taluk at about midnight 12 O' clock, a lorry bearing Regn. No.KA-20/B-1212 came from Balmatta side towards Karkala side driven by its driver in a rash and negligent manner and hit against the bicycle from behind, as a result of which, the claimant sustained grievous injuries to his left hand and other parts of the body. His left foot was crushed under the tyres of the lorry. Immediately he was shifted to A J Hospital, Mangalore, wherein he was treated as an inpatient from 1.4.2011 to 27.5.2011. Surgery was conducted on his left hand and left foot and three fingers of left foot were amputated.

(3.) The Tribunal awarded a total compensation of Rs.3,88,776/- with interest at 6% p.a. on Rs.1,84,776/- from the date of petition till realization, however, observing that the lorry in question belonging to the appellant herein did not have fitness certificate as on the date of accident, held the appellant/insured liable to pay the compensation.