ORIENTAL INSURANCE CO. LTD Vs. SHABIR AHMED

JUDGEMENT

(1.) This appeal is filed by Insurance Company challenging the judgment and award dated 11.04.2016 passed by Motor Accident Claims Tribunal, Bangalore (SCCH-11) in MVC No.27/2015 whereby the Tribunal has granted Rs.5,42,698.00 with 6% interest.

(2.) On 17.11.2014 at about 7.00 p.m. the claimant was driving his motorcycle bearing registration No. KA-02- HH-2443 at Kuvempu Circle, near Ring Road, at that time driver of Innova Car bearing registration No. KA-03-D-2059 was driving the same without observing the traffic signal, moving in the same direction, suddenly stopped the Innova Car and further, opened front right side door and dashed against the motor cycle of the petitioner. Due to said impact petitioner/claimant sustained injury to left leg and sustained fracture of left leg patella and he was shifted to Santosh Hospital near COIS Park, Bengaluru. After recovering from the injury claimant has filed MVC No.27/2015 before MACT, Bangalore.

(3.) To establish his claim, he has examined himself as PW1 and he has examined Dr. Srikanth as PW2 and got marked 23 documents as Exs.P. 1 to 23. On the other hand, Insurance Company has examined three witnesses as DWs.1 to 3 and got marked 11 documents as Ex.Ds.1 to 11. On appreciation of documentary and oral evidence, Tribunal has granted a compensation of Rs.5,42,698.00 with 6% interest and fastened the liability on the Insurance Company. Aggrieved by the same, Insurance Company has filed this appeal, challenging the judgment and award passed in MVC No.27/2015.