HANUMANTHARAJU B. Vs. M. AKRAM PASHA

JUDGEMENT

(1.) Leave granted.

(2.) The present appeals have been preferred against the common judgment and order dtd. 14/11/2019 passed by the High Court of Karnataka at Bengaluru, in MFA No.3569/2016 (MV-I) and MFA No.4867/2016 (MV-I) whereby, the appeals preferred against the judgment and order dtd. 21/3/2016 passed in MVC No. 5024/2010 by the Motor Accident Claims Tribunal, Bengaluru were partly allowed.

(3.) The facts of the case in brief as can be culled out from the records are that on 10/5/2010, around 1:45 pm, the original appellant (who died during the pendency of this appeal), who was working as a Sub-Inspector (MIN) in the office of DIGP, CRPF, Yelahanka Base, Bangalore, was driving his motor cycle to Yelahanka, on Doddaballapur Main Road, Karnataka, when he met with an accident with an Omni Car bearing registration KA-04/C-826 owned by the Respondent No. 1 at J. Valsal Road, CRPF Campus. When the driver of the said car took a turn towards the right side, the original appellant's motorcycle collided with the car and he fell down, sustaining grievous injuries. On the same day, FIR No. 86/2010 was lodged against the driver of the car u/s 279, 337 IPC at P.S. Yelahanka Tr. The medical record indicates that the original appellant was admitted to the hospital on three different occasions for nearly 15 days immediately after the accident and he underwent surgery on his left leg. He also suffered heart attack due to stress and injuries.