NEW INDIA ASSURANCE COMPANY LIMITED Vs. RAFI

JUDGEMENT

(1.) Heard the Learned Counsel for the appellant and the Learned Counsel for the respondent No.1.

(2.) This Appeal is preferred by the Insurance Company being aggrieved by the award of the Tribunal fastening liability on the appellant/Insurance Company to pay compensation of Rs.4,18,900/- with 7.5% interest to the claimant. The appeal is filed challenging both the liability as well as the quantum.

(3.) As per the claim petition filed under Section 163-A of the M.V Act, the claimant Rafi along with one Thangavelu, as drivers of the lorry bearing registration No.KA-01-D-1685, left Sankagiri to Solapur at Maharashtra on 27.03.2012. While the claimant was driving the lorry along the Chitradurga to Hospet Highway in between the villages Madanaickanahalli and Chikkakondanahalli, a cyclist, who was going in front of the lorry suddenly turned to the middle of the road. To avoid hitting the cyclist, the claimant swerved the lorry but unfortunately hit the mini tempo van coming from Hospet side towards Chitradurga side. Due to the sudden impact, the claimant sustained fractured injuries and taken to Government Hospital at Chitradurga immediately. Next day he was shifted to Manipal Hospital at Bangalore and was treated as inpatient till 02.04.2012. Thereafter, for one year taking treatment at Uthangarai. The accident occurred due to the sudden crossing of the cyclist. The injuries, he sustained has caused permanent disability and loss of earning. Due to the fracture of left maxilla and loss of teeth, he is not able to speak fluently as before. Due to injuries in his right leg, he is not able to walk freely as before and stand continuously. Therefore, claiming compensation of Rs.5,00,000/- against the owner of his lorry and its insurer, petition filed before the M.A.C.T, Krishnagiri.