FAKKIRSAB Vs. SECRETARY, OWNER OF BOLERO CAR, HAVERI

JUDGEMENT

(1.) Since both the appeals are arising out of the common judgment, they are heard and taken up together for consideration.

(2.) Appeal in MFA No.22963/2009 is by the appellant-claimant questioning the validity of the judgment and award passed in MVC No.321/2007 dated 02.05.2009 on the file of the Senior Civil Judge and AMACT, Haveri ((hereinafter referred to as, the Tribunal ) and for enhancement of compensation. Whereas, appeal in MFA No.22231/2009 is by the Insurance Company to set aside the impugned judgment passed by the Tribunal questioning the liability.

(3.) Brief facts which are necessary for the disposal of the appeals are as under: A claim petition came to be filed under Section 163(A) of Motor Vehicles Act contending that on 28.06.2007 at about 3.30 a.m. the claimant was driving the Bolero vehicle bearing No.KA-27/M-2153 belonging to the first respondent from Bengaluru towards Haveri and the when the vehicle reached near Bharamasagar- Gollarahalli village cross, vehicle toppled down and met with an accident and the claimant-appellant sustained grievous crush injuries. Thereafter, he was shifted to C.G. Hospital, Davanagere and then to City Central Hospital, Davanagere. It is contended that he has spent an amount f Rs.2 lakhs for his treatment and sought for grant of compensation.