RANI Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) These appeals take exception to the common judgment and order dated 12th February, 2016 passed by the High Court of Karnataka at Bengaluru in M.F.A. No.5874 of 2011 (MV) and M.F.A. No.5876 of 2011 (MV). Both these appeals were filed by the respondent No.1 (National Insurance Co. Ltd.) questioning the correctness of the judgment and Award passed by the Motor Accident Claims Tribunal, Bangalore dated 3rd January, 2011 in MVC No.7055 of 2009 and 7056 of 2009, respectively.

(2.) The former claim petition MVC No.7055 of 2009 was filed by the legal representatives of Satish (the deceased) who had succumbed to the injuries suffered, in an accident which occurred on 17th March, 2009, while he was riding a motorcycle bearing Registration No.KA-05-EJ-4029 along with his friend, Anand, who was travelling with him as a pillion rider. Police complaint regarding the accident was lodged by Anand, appellant in Civil Appeal No.9079 of 2017. The accident was caused by a lorry bearing Registration No.MH-43-U-3365, which was being driven at a high speed in a rash and negligent manner. The said lorry came from behind and hit the motorcycle on which Satish and Anand were going from Bangalore towards Tumkur. Both of them fell down and suffered serious injuries. Satish, who was riding the motorcycle, succumbed to his injuries. The appellant Anand was hospitalized as an indoor patient and had to undergo surgeries for fracture of collies (left) and ACL tear with MCL tear, right knee with hemarthrosis.

(3.) Resultantly, separate claim petitions were filed before the MACT at Bangalore by the legal representatives of the deceased (Satish) and by Anand. The claim petitions proceeded ex parte against the owner of the offending lorry.