ORIENTAL INSURANCE CO. LTD. Vs. B.E.GIRISH

JUDGEMENT

(1.) The appellant/insurance company is before this Court under Section 173(1) of the Motor Vehicles Act, challenging the judgment and award dated 23.09.2013 passed in MVC 54/2009 on the file of the Senior Civil Judge and MACT, Kadur, Chikmagalur District,(hereinafter referred to as 'the Tribunal' for short) insofar as awarding Rs.65,761/- accepting Ex.P7.

(2.) The claimant/respondent No.1 had filed the claim petition under Section 166 of the Motor Vehicles, 1989 claiming compensation of Rs.3,00,000/- from the respondents. It is stated that the claimant was the owner of the auto rickshaw bearing registration No.KA-18/A-1122. While the said vehicle being driven by his driver, a lorry bearing registration No.KL-11/U-1737 came in a rash and negligent manner and dashed the auto rickshaw from behind. Due to the accident, the claimant's auto rickshaw was fully damaged. As the claimant spent Rs.80,000/- towards repairs and Rs.10,000/- towards transportation, he filed a claim petition claiming these amounts as damages, in addition to the compensation of Rs.3,00,000/-.

(3.) The insurance company filed its objections denying the averments of the claim petition and contended that the accident occurred due to the fault of auto rickshaw driver.