CHOLAMANDALM M S Vs. BABU REDDY & ORS.

JUDGEMENT

(1.) This appeal by the insurer challenges the judgment and award dated 13.03.2013 made by the M.A.C.T. Bengaluru allowing M.V.C. No. 8946/2010, whereby a compensation of Rs. 4,84,838/- with interest at the rate of 8% per annum subject to usual condition of bank deposit has been awarded. The challenge is on the ground of liability itself.

(2.) The brief facts of the case stated are that: on 14.06.2010, when the Claimant was riding his Suzuki Max 100 Motorcycle bearing Registration No.KA-02-AG-6028 towards Sumanahalli, at around 9 a.m. or so, the offending goods Auto bearing Registration No.KA-08-4219, had dashed to the Motorcycle near Byatarayanapura Cross, Bangalore. Due to the impact, the Claimant and the pillion rider sustained grievous injuries. His claim petition in M.V.C.No.8946/2010 was resisted by the Insurer by filing the Written Statement.

(3.) To prove the claim, the Claimant was examined as PW.1; Dr.Iram Hussain who had treated the Claimant was examined as PW.2; in their evidence, thirteen documents came to be marked as per Exhibits P1 to P13 which inter alia comprised of Police Papers, IMV Report and Medical Records.