ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED Vs. PRAKASH

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for Respondent No.1. But there is no representation for Respondent No.2.

(2.) The insurance company has preferred this appeal praying to set aside the judgment and award dated 26.03.2016 passed by the Prl. Senior Civil Judge & JMFC, Pandavapura in MVC No.513/2009.

(3.) The factual matrix of the appeal is that on 13.01.2008 when the claimant Respondent No.1 was proceeding on a motorcycle bearing No.KA-11/R-2919 as a pillion rider on Pandavapura Nagamangala road, the said motorcycle was being driven by Respondent No.2 herein at a high speed and in a rash and negligent manner and when he neared Banaghatta village, due to excessive speed, the rider of the motorcycle lost control over the same and as a result both the rider and pillion rider fell down and the claimant sustained grievous injuries. Immediately the claimant was admitted to Government Hospital, Pandavapura and later on was shifted to JSS Hospital, Mysuru for further treatment. He had sustained fracture of tibia and fibula and proximal phalanx of 1/3rd and was operated and inserted with plates and screws. It was contended that he spent a lot of money over medical expenses, conveyance and nourishment expenses and on account of the injuries suffered in the accident, the claimant has suffered partial permanent disability. It was further contended that the claimant was an agriculturist and was earning Rs.10,000.00 per month and on account of the injuries suffered in the accident, his earning capacity was greatly reduced and hence, he filed a claim petition before the tribunal seeking for compensation.