KASTUREWWA Vs. BAJAJ ALLIANZ GENERAL INSURANCE CO LTD

JUDGEMENT

(1.) The insurer and claimant being aggrieved by the judgment and award dated 15.11.2008 passed in MVC No.352/2009 by the Senior Civil Judge and Additional MACT, Ramadurg have filed these appeals.

(2.) The case of the claimant before the tribunal is that on 15.11.2008 while she was brining water to her house on the left side of the road leading to Chanapur village, all of a sudden driver of Tum Tum Auto Rickshaw bearing Reg. No.KA.24/4501 drove the same in high speed and in a rash and negligent manner from opposite direction and dashed to the petitioner. In that accident, petitioner fell down and sustained grievous injuries. Immediately she was shi fted to Dr.Uday Naik, Hospital at Mudhol and took treatment there as inpatient for 20 days and spent Rs.35,000.00 for medicine and treatment. Prior to the accident she was doing coolie work and earning Rs.5,000.00 per month. Due to the accidental injuries she is unable to attend the coolie work. Therefore, she filed claim petition against the owner and insurer of the offending vehicle claiming compensation of Rs.6,50,000.00.

(3.) In pursuance to the notice, the respondents No.1 and 2 appeared before the tribunal and filed the written statement and denied the contents of the claim petition. Respondent No.1 has further stated that the claim made by the petitioner is highly excessive and exorbitant. Respondent No.2 has speci fically denied that respondent No.1-driver was having valid Driving license and thereby there is breach of policy condition. He has denied the manner in which the accident occurred. He has also denied the age, occupation, income of the claimant.