NATIONAL INSURANCE CO LTD Vs. MOHAMMED RAFIQ @ RAFIQ AND ORS

JUDGEMENT

(1.) MFA.No.5080/2009 and MFA.No.7855/2009 are filed by the insurer and the claimant against the judgment and award dated 13th March 2009 passed in MVC No.339/2005 on the file of II Additional District Judge & MACT-III, Dakshina Kannada, Mangalore, (for short, 'the Tribunal').

(2.) For the sake of convenience, the parties herein are referred to as claimant and insurer.

(3.) The said MVC.No.339/2005 was filed by the claimant alleging that on 25.2.2005 at about 7.30 p.m. after loading scrap at Paraneeru near Nidya, while he was travelling in the lorry bearing registration No.TN-28- C-5419 as a loader, along with scrap items of his employer; while he was so travelling sitting in the cabin, when the Lorry reached near Meginapete in Vittala Kasba, the driver of the Lorry drove the same in a rash manner, consequent of which, the side door of the cabin was opened all of a sudden and the claimant was thrown out on the road. It is further alleged that on account of such accident, claimant suffered fracture of T7 vertebre, injuries to spinal cord (quadriplegia), chest, head and right hand; immediately, he was shifted to Mangala Nursing Home, Mangalore, where he was an inpatient from 25.2.2005 to 23.2.2005.