K.R.MANJUNATH Vs. R.RAVIKUMAR

JUDGEMENT

(1.) M.F.A.Nos.104/2010 and 103/2010 are filed by the claimants challenging the common judgment and award of the Tribunal dated 05.02.2009 passed in M.V.C.Nos.1331/2007 and 1332/2007 respectively, on the file of the Motor Accident Claims Tribunal, SCCH-15, Bengaluru ('the Tribunal' for short), questioning the liability and the contributory negligence and M.F.A.Nos.4352/2009 and 4353/2009 are filed by the Insurance Company challenging the very same common judgment and award, questioning the contributory negligence at 50% each on the part of the driver of the Lorry and rider of the motorcycle.

(2.) The parties are referred to as per their original rankings before the Tribunal to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that, on 16.08.2006 at about 5.45 a.m., when the claimants were proceeding on the motorcycle bearing registration No.KA-02-EQ-6668 from Kunigal towards Bengaluru on NH-48 road near Lakkenahalli Hand Post, the said motorcycle dashed against an unmanned and negligently parked tanker lorry bearing registration No.KA-16- 194, which was on the middle of the road without taking any precautionary measures. The claimants filed their claim petitions before the Tribunal seeking compensation. It was their claim before the Tribunal that as the result of the said accident, both the claimants sustained grievous injuries and were immediately taken to Harsha Hospital, Nelamangala and then they were shifted to Ananya Hospital, wherein they were treated as an inpatient and spent considerable amount for their treatment. Due to the said accident, both the claimants suffered permanent disability.