H.P.SANDESH
Oriental Insurance Company Limited – Appellant
Versus
K. M. Harish Kumar S/o. Shri Manjunatha – Respondent
JUDGMENT :
Though this matter is listed for admission, with consent of learned counsel appearing for the parties, the same is taken up for final disposal.
2. This appeal is filed by the Insurance Company challenging the Judgment and Award passed in MVC No.20/2010 dated 30.06.2012 on the file of Additional Senior Civil Judge and MACT XIII at Madhugiri (‘the Tribunal’ for short), questioning the fastening of the liability on the Insurance Company.
3. Heard learned counsel for the appellant/Insurance Company and learned counsel for respondent No.1/claimant.
Respondent No.2/ owner is served, but unrepresented.
4. The brief facts of the case are that, the claim petition was filed on behalf of one Master Harishkumar, a minor, represented by his mother, claiming compensation for the injuries sustained by him in a road accident that occurred on 08.03.2009. It is stated that the minor-claimant while he was traveling as a pillion rider in a two wheeler TVS Victor GX bearing registration No.KA02EQ5375, had sustained injuries due to rash and negligent riding by its rider. In the accident, he has sustained the fracture of right femur and the fracture of both bones of right leg. The claimant was exam
Dr.T.V.Jose v. Chacko P.M. alias Thankachan and others reported in AIR 2001 SC 3939
Mallikarjun v. Divisional Manager, National Insurance Company Limited and another
National Insurance Company Ltd. v. Balakrishnan and Anr. reported in AIR 2013 SC 473
Oriental Insurance Company Limited v. Sudhakaran K.V. and others reported in (2008) 7 SCC 428
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