VENKATESHA K N Vs. THIPREGOWDA

JUDGEMENT

(1.) M.F.A.No.5371/2016 has been filed by the claimants, whereas, M.F.A.No.5378/2016 has been filed by the insurance company against judgment dated 05.04.2016 passed by the Motor Accident Claims Tribunal. Since, both the appeals arise out of the same accident, they were heard analogously and are being decided by this common judgment.

(2.) Facts leading to filing of these appeals briefly stated are that on 13.05.2013 at about 7.00 p.m., the claimant Venkatesha K.N. was traveling as a pillion rider in motor cycle bearing registration No.KA-02-HC-8252 from Dimabadahalli to Kodihalli via Iralpod. When the claimant reached near Sunanada Farm, Kempalanatha Gate, a Tractor bearing registration No. KA-05-T-4788, which was being driven in a rash and negligent manner by its driver came from the opposite direction and dashed against the motor cycle of the claimant. As a result of the aforesaid accident, the deceased fell down and sustained grievous injuries. Thereafter, he was shifted to KIMS Hospital for further treatment.

(3.) The claimant thereupon filed a petition under Section 166 of the Act inter alia on the ground that the accident took place on account of rash and negligent driving of the driver of the tractor. It was further pleaded that the claimant is a practicing Advocate and used to earn Rs.45,000/- p.m. It was also pleaded that on account of injuries sustained by him, the claimant was referred to KIMS hospital where he was admitted as in patient and on 17.05.2013 a surgery was conducted and rod was installed on the left leg and left hand and the claimant was discharged on 05.06.2013. The claimant was again admitted in hospital as in patient on 01.07.2013 and second surgery was conducted on 03.07.2013 and the claimant was discharged on 11.07.2013. Again the claimant was admitted on 13.06.2015 and third surgery was conducted on 15.06.2015 and the claimant was discharged on 20.06.2015. The claimant claimed compensation to the tune of Rs.25,00,000/-.