THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, CLUB ROAD, BELGAUM, DISTRICT v. SRI. BASAVARA]

THE HON’BLE MR.JUSTICE K.LMANJUNATH AND THE HON’BLE MRJUSTICE SUBHASH B. ADI M. F. A. No. 5960/2005 (MV) BETWEEN: THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, CLUB ROAD, BELGAUM, DISTRICT: BELGAUM. BY ITS REGIONAL OFFICE, NO 2-B, UNITY BUILDING ANNEXE, P KALINGA RAO ROAD, (MISSION ROAD), BANGALORE-560 027, REPRESENTED BY ITS ASSISTANT MANAGER. (By SrLVIJAYKUMAR B. HORATTI, ADV. FOR SrLRAVI.G.SABHAHIT, ADV.) ... APPELLANT AND

#1. SRI. BASAVARA] S/O, SRI. BALAPPA BHAVHIHAL AGED ABOUT 47 YEARS OCC:SERVICE, NOW NIL RESIDENT OF TALLUR, SAUNDATTI TALUK BELGAUM DISTRICT. 2

#4. SHRI.GIRIJA SHANKAR ROADWAYS MASCERENHAS BUIWING SAWANTANTRA, OPP: ST. ANDREW CHURCH, VASCO, GOA, REPRESENTED BY ITS MANAGER (OWNER OF BAJA) CHETAK SCOOTER BEARING REG. NO. GA.02.FS631) MR AUELUIA CAITAN MIRANDA AGE MAJOR 0CC: BUSINESS R/O H NO 415, MANSRENWADA GOA, VERNA, TISWADI, GOA (OWNER OF VESPA SCOOTER BEARING REG. NO. GA.O1.H.7374) ThE ORIENTAL INSURANCE CO LTD., DIVISIONAL OFFICE KIRLOSKAR ROAD, BELGAUM DISTRICT BY ITS REGIONAL OFFICE, NO 44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BANGALORE-560 025. REPRESENTED BY ITS ADMINISTRATIVE OFFICER (INSURER OF VESPA SCOOTER BEARING REG. NO. GA.01.H.7374) (By Sri.P.S.Hlremath, Adv. for R-1 Srl.B.C.Setharama Rao, Adv. for R-4 Notice to R-3 dispensed with; R-2 served) RESPONDENTS MFA FILED U/S 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 20.4.05 PASSED IN MVC.N0.2782/2003 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) & MEMBER, ADDL.MACT, SAUNDATfI, AWARDING COMPENSATION OF RS._3,63,970/- WITH INTEREST AT 8% P.A. FROM THE DATE OF Pt i i I iON TILL ITS REALISATION AND DIRECTING THE APPELLANT HEREIN TO DEPOSIT THE SAME. THIS MFA COMING ON FOR ORDERS ThIS DAY, SUBHASH ADI)., DELIVERED ThE FOLLOWING: 3 a This appeal is by the insurer against the judgment and in M.V.C.No.2782/2003 dated 20th April 2005, questioning the liabiiity and the quantum of compensation awarded by the Tribunal.

#2. The claimant had sought for compensation on the ground that, he sustained injury in a road accident while he was moving on a scooter bearing No.GA-02/F-9631 as a pillion rider, at that time, another vehicle bearing No.GA-01/H-7374 came in a rash and negligent manner and dashed against their scooter, as a result of which, he fell down and sustained injuries.

#3. Before the Tribunal, the claimant had produced Ex.P1 — FIR showing that the case has been registered against the rider of the vehIcle insured with the appellant. The Doctor, who has been examined In the case, has stated that the cialmant had suffered compound fracture of lower 1/3” of tibia and fibuia bones of the right leg and he has assessed the disability at 40% to the whole body, however, the Tribunal taking the reasonable dlsabiiity, applying the right 4 multiplier has calculated the compensation of Rs.1,43,967/- towards the loss of future income. In all, it has awarded Rs.3,63,97Q/- with interest.

#4. Learned Counsel for the appellant submitted that, the accident involves two vehicles a composite negligence, however, to prove the same, though the insurer has examined the owner of the vehicle, but has not produced any relevant evidence, to prove the negligence on the part of the rider of the other scooter. In turn, the material produced by the claimant do prove the actionable negligence against the rider of the offending vehicle. Considering the findings of the Tribunal and the evidence on record, we do not find there is any error in holding that the rider of the offending vehicle was rash and negligent. Having regard to the same, the Tribunal the insurer rightly found that liable to pay the compensation.

#5. As far as quantum of compensation is concerned, same has been assessed based on the Doctor’s evidence and the disability. Hence, we find no reason to interfere with the said finding. 5 Accordingly, the appeal falls and same Is dismissed. The amount in deposit be transferred to the Tribunal. t- 3d. Sd/ JUDGE Sd JUDGE KNM/