K. LOKESH Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) These two appeals are filed challenging the judgment and award dated 09.04.2012 passed in MVC No.660/2011 on the file of III Additional Senior Civil Judge and Motor Accident Claims Tribunal, Bengaluru (SCCH.18) (for short 'the Tribunal'), by the Insurance Company in MFA No.6845/2012 questioning the fastening of liability and quantum and the claimant in MFA No.8348/2012 questioned the quantum of compensation awarded by the Tribunal.

(2.) For the sake of brevity, the parties are referred to as per their original rankings before the Tribunal as claimant and respondent-Insurance Company.

(3.) The factual matrix of the case is that on 5.10.2010 at about 6.20 p.m. on Bengaluru Mysuru Road, near Reshme Goodu Hump, Ramanagar, the claimant was proceeding as a pillion rider in motor cycle bearing registration No.KA-02-EZ- 2311 and the same was ridden by its driver at a high speed in a rash and negligent manner endangering the human life and ran over the hump, as a result of which, the claimant knock down from the motor cycle and sustained grievous injuries to his head, right ear, nose and other parts of the body. The claimant was shifted to BGS Global Hospital immediately after the accident for treatment. He was inpatient from 05.10.2010 to 23.11.2010 and also undergone several operations for the injury. The claimant was in ICU for a period of one month. He also took regular follow up treatment after discharging from the hospital. The claimant further readmitted several times to the hospital and subjected for surgeries, for which, he spent huge amount towards treatment, medicine, food, conveyance and other charges. He also lost an academic year on account of accidental injuries. Hence, the claim petition was filed claiming compensation.