DIVISIONAL MANAGER, THE NEW INDIA INSURANCE CO. LTD. Vs. DIVISIONAL MANAGER, THE NEW INDIA INSURANCE CO. LTD. AND ANOTHER

JUDGEMENT

(1.) The Insurance Company as well as the claimant have filed the 2 appeal and cross-objections, being aggrieved by the judgment and award dated 7th November, 2007, made in MVC No. 434/2005 passed by the Motor Accident Claims Tribunal, Gulbarga (hereinafter referred to as 'the Tribunal' for short).

(2.) MFA No. 1616/2008 is filed by the Divisional Manager, New India Assurance Company Limited, being aggrieved by fastening the liability on them to compensate the claimant, whereas the cross-objections is filed by the claimant being not satisfied with the quantum of compensation awarded by the Tribunal for the injuries she has sustained in the road traffic accident.

(3.) The claimant filed the claim petition contending that on 6-6-2004 while she was travelling along with the goods in a lorry bearing registration No. KA-39/A-9745 while she was getting down near Konderayanapalli Gate on Sedam-Kodangal main road, the driver of the lorry moved the vehicle negligently. Due to that, the claimant fell down from the lorry and the rear wheel of the lorry ran over the claimant's leg, due to which, the claimant has sustained grievous injuries. Initially she had taken treatment in the Government General Hospital at Gulbarga and thereafter she had taken treatment in a private hospital. Prior to the accident, she was working as a tailor and also working in a hotel and earning a sum of Rs. 3,500/- p.m. In view of the injuries and fracture she has sustained in the accident, she cannot work as a tailor as she was doing earlier and sought for compensation of Rs. 8,50,000/-.