NATIONAL INSURANCE COMPANY LIMITED Vs. KAVITHA AND OTHERS

JUDGEMENT

(1.) THIS appeal by the Insurer is directed against the common judgment and award dated 22nd February 2007, passed in MVC No. 31/2004 (old M.V.C. No. 60/2004), by the Additional Sessions Judge and Additional Motor Accident Claims Tribunal, Fast Track Court -I, Davangere, (for short, 'Tribunal'), on the ground that, the Tribunal is not justified in fixing the contributory negligence in the ratio of 60:40 on the part of the drivers of Car and Tractor -Trailer respectively and the same is liable to be modified. The facts of the case as stated in the claim petition are that, at about 11:00 P.M., on the ill -fated day, i.e. on 21 -05 -2003, in front of Nobel Tarpaulin company on Davangere Harihar Road/P.B. Road, within the limits of Traffic P.S. Davangere, when the claimant, along with others was travelling in Car bearing Registration No. AP -17/MG -4050, she met with an accident on account of rash and negligent driving by the driver of Car as well as on account of negligent act of the driver of Tractor -Trailer, bearing Registration No. MEZ -5224 and 5226, which was parked in the centre of the said Road, without following traffic Rules and Regulations. Due to the impact, the claimant sustained grievous injuries on her right forearm (fracture) and left shoulder and right thigh and chest.

(2.) IT was the case of the claimant that she has sustained grievous injuries on her right forearm (fracture) and left shoulder and right thigh and chest and as per the Wound Certificate at Ex. P5, she sustained posterior aspect of right elbow (just above) i.e. fracture of lower end of right humerus with posterior dislocation of proximal part and tenderness over right side of chest and X -ray shows 1/3rd of right side. On account of the said injuries, she has taken treatment in Bapuji Hospital and Navodaya Hospital, Davangere and spent reasonable sum towards conveyance, nourishing food and attendant charges apart from medical expenses and therefore, she has to be compensated reasonably.

(3.) WE have heard Shri. A.M. Venkatesh, learned counsel appearing for the appellant/M/s. National Insurance Company Limited, and Shri. B.C. Seetharama Rao, learned counsel appearing for United India Insurance Company Limited gone through the grounds urged in the memorandum of appeal filed by appellant carefully and perused the impugned judgment and award passed by Tribunal, including the original records placed before us.