BHASKAR ALIAS BHASKAR DEVAR Vs. R K SRINIVASAN

JUDGEMENT

(1.) THESE two appeals arise out of the same judgment and award passed by M. A. C. T.-1v, Bangalore Rural district, Bangalore, in MVC No. 1389 of 1992 dated 20. 6. 1998.

(2.) THE facts of the case in brief are as follows: the parties would be referred to with reference to the rank before the Tribunal. The petitioner filed a petition under section 166 of the Motor Vehicles Act before the M. A. C. T. , seeking compensation of rs. 10,00,000 towards injuries sustained by him in a motor accident that occurred on 10. 5. 1992. It was alleged that while he was going on the left side of the road on his TVS moped on the Bangalore-Tumkur road near Hosanijagal, the driver of the lorry bearing No. AP-03-T-1126 came in a rash and negligent manner and dashed against the petitioner. Petitioner suffered crush injuries to both the legs and later his left leg has been amputated above the knee. The petitioner was working as a driver. He claimed compensation from respondent nos. 1 and 2 being the owner and insurer of the offending lorry.

(3.) THE respondent No. 2 filed objections statement before the Tribunal and the respondent No. 1 did not choose to contest the case before the Tribunal. Having regard to the pleading of the parties, the tribunal framed following three issues: (1) Whether the petitioner proves that on 10. 5. 1992, at about 9. 30 a. m. while he was standing with his TVS moped on the left side of the road near Hosanijagal on Bangalore-Tumkur NH4 Road, a lorry bearing No. AP-03-T-1126 came in a rash and negligent manner and dashed against the petitioner, and ran over the iegs of the petitioner? (2) Whether the petitioner is entitled to any compensation? If so, to what amount and from whom? (3) Whatever or award?