ARALIYAPPAN S/O VELAPPAN Vs. THE NATIONAL INSURANCE CO. LTD. REP. BY ITS MANAGER AND H. VENKATESH S/O VENKATAIAHA

JUDGEMENT

(1.) AS these two appeals, one by the claimant and the other by the owner of the offending vehicle are directed against the judgment and award dated 30.09.2004 passed by the Judge, Court of Small Causes and Additional Motor Accidents Claims Tribunal, Mysore, in MVC No. 46/2004, they were heard together and are being disposed of by this common judgment.

(2.) THE appellant in MFA No. 653/2005 is the claimant while the appellant in MFA No. 11149/2005 is the owner of the lorry bearing registration No.TAQ 8259.

(3.) THE claim petition was contested by the owner as well as the Insurance Company which had been impleaded as respondent No. 2. The owner of the lorry inter alia contended that the accident was not due to the negligence of the driver of the lorry, but on the other hand, the claimant himself, as rider of the moped, rode the same in a rash and negligent manner and collided with the lorry and therefore, he is not entitled for any compensation. He also contended that the compensation claimed is excessive and exorbitant.