H.G. GOVINDAPPA Vs. H. DAMODAR

JUDGEMENT

(1.) Today the above appeals are listed for admission before this Court. Both the claimants and insurer have filed their respective appeals challenging the very same judgment and award dated 11.10.2012 in MVC No. 5220/2010 passed by the Motor Accident Claims Tribunal-V (hereinafter referred to as "MACT") and Court of Small Causes Bengaluru City.

(2.) With the consent of learned counsel for both parties, the appeals are heard and taken up for final disposal.

(3.) The brief facts leading to filing of these appeals are that, on 28.05.2010 at about 11.50 a.m. when Sunil Kumar G was proceeding on his TVS motorcycle bearing KA-08-K-5718 on Bangarpet - Kolar road near Hanchala gate, one tempo bearing registration No. AP.36-U-6010 came in a rash and negligent manner and dashed against the TVS moped on which deceased Sunil Kumar G was riding. As a result, he sustained grievous injuries. Immediately, he was shifted to R.L. Jalappa Hospital, where he succumbed to the injuries. The parents and an unmarried sister of the deceased filed claim petition in MVC No. 5520/2010 before the MACT under Section 166 of the Motor Vehicles Act, 1988 seeking for a total compensation of Rs. 30,00,000/-.