T. J. PARAMESHWARAPPA @ PARAMESHWARAPPA @ J.T. PARAMESHWARAPPA @ TALALKENA GOWDRA PARAMESHWARAPPA Vs. BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) Leave granted.

(2.) These appeals assail the correctness of the judgment and award passed by the High Court of Karnataka at Bengaluru in M.F.A. No.48 of 2017 connected with M.F.A. No.7972 of 2016 (MV) dtd. 16/10/2020. M.F.A. No.48 of 2017 was filed by the insurer - New India Assurance Co. Ltd., while M.F.A. No.7972 of 2016 (MV) was filed by the insured claimant, both being aggrieved by the judgment and award dtd. 16/9/2016 passed by the Ist Addl. Senior Civil Judge & IVth MACT at Chitradurga in MVC No.1091 of 2015. By the said judgment and award, the Motor Accidents Claims Tribunal (hereinafter referred to as "the Tribunal ", for the sake of convenience) awarded a sum of Rs.21,08,400.00­ (Rupees Twenty­one lakhs eight thousand and four hundred only) with interest at 8% p.a. from the date of filing of the claim petition till date of deposit. This was in respect of an accident that occurred on 15/5/2015 in which the appellant­ claimant was injured. Being aggrieved by the reduction in the total compensation by the High Court from Rs.21,08,400.00­ to Rs.7,37,604.00­ with interest at the rate of 6% p.a. from the date of petition till its realization, the injured­ claimant has filed these appeals.

(3.) It is no longer in dispute that on 15/5/2015 at about 03:35 p.m. appellant­ claimant was travelling in the Tanker Lorry bearing No.KA01­AG­2266 as a cleaner from Kidlike to Hassan along with driver P. Jagadeesh. Near the RTO Office, Chitradurga, on NH­4 flyover, the driver of the tanker lorry drove the same in a rash and negligent manner and with high speed and dashed into the hind portion of another lorry bearing No.KA­16­B­6247, as a result of which, appellant­ claimant sustained comminuted fracture of tibia bones of both legs and other injuries on his body. He was shifted to B.M.C. Hospital and Research Centre, Chitradurga where he took treatment as an inpatient from 15/5/2015 to 13/6/2015 and thereafter took follow­up treatment as an outpatient. During treatment, he underwent surgery of both legs and rod and screws were inserted.