BHAUTISH Vs. DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The appeal in MFA No. 21847/2011 is filed by the National Insurance Company Limited and MFA. Crob. No. 864/2011 is filed by the claimant challenging the judgment and award dated 25.01.2011 passed in MVC. No. 1539/2009 by the Presiding Officer, Fast Track Court-IV and Additional Sessions Judge, Belgaum at Belgaum, (for short "the Court below"), whereby the Court below has granted a compensation of Rs. 67,000/- with interest at the rate of 9% per annum.

(2.) Brief facts of the case are that on 28.04.2009 at about 15.00 hours, the claimant was proceeding from Belagavi towards Chandgad on a motorcycle bearing registration No. KA.22/S-3396 as a pillion rider when they came on Belagavi-Vengurla road, near Hindalga village, opposite to Leprosy Hospital, another motorcycle bearing registration No. KA.22/Y-6062 came from opposite side and dashed to each other due to rash and negligent riding of riders of both the motorcycles. Due to the said accident, the claimant fell down and sustained grievous injuries. He was shifted to District Hospital, Belagavi and thereafter he was shifted to the Vijaya Hospital, Belagavi and took treatment as inpatient. After recovering from the injuries, he has filed a claim petition in MVC. No. 1539/2009 before the Court below under Section 163-A of the Motor Vehicles Act, 1988 claiming compensation of Rs. 5,00,000/-.

(3.) In order to establish his case, claimant has examined himself as P.W. 1 and another witness Dr. S.D. Patil as P.W. 2 and got marked 16 documents as Exs. P.1 to P.16. On the other hand, the insurance company did not examine any witness but got marked two documents as Exs. R1 and R2. On appreciation of the oral and documentary evidence on record, the Court below has awarded compensation of Rs. 67,000/- with interest at the rate of 9% per annum and fastened the liability on the owner and insurer of the motorcycle bearing registration No. KA.22/Y-6062. Being aggrieved by the same, the insurer of the motorcycle bearing registration No. KA.22/Y-6062 has filed MFA. No. 21847/2011 and the claimant has filed MFA.CROB No. 864/2011 for enhancement of compensation.