NAGARAJ MALLESHAPPA Vs. AKBAR ALI DIDAGUR AND ORS.

JUDGEMENT

(1.) Both these appeals arise out of the common judgment dated 26.03.2019 passed by the Motor Accident Claims Tribunal, Raichur (hereinafter referred to as 'Claims Tribunal' for short). MFA No.201174/2019 is filed by the injured claimant in MVC No.269/2017 seeking for enhancement of compensation. And MFA No. 201660/2019 (in M.V.C. No.194/2017) is filed by the legal heirs of deceased Ramesh seeking for enhancement of the compensation against the award in MVC No.194/2017.

(2.) Facts giving rise to filing of these appeals are that on 27.03.2017 the appellant-Nagaraj and one Ramesh were traveling on a Hero-Honda motorcycle, bearing registration No.KA-36/EH-3403 on Lingasugur-Raichur road. At that time, the driver of the Maruti Omni van, bearing registration No.KA-37/M-2343 drove the same in rash and negligent manner, without showing any signal, suddenly took the said van towards left side and hit the motorcycle. As a result, rider and pillion rider of the motorcycle fell down and sustained injuries. Both the injured were taken to RIMS Hospital Raichur. Ramesh, the rider of the motorcycle succumbed to his injuries during treatment. The pillion rider Nagaraj suffered permanent disability. MVC No.269/2017 is filed by the injured claimant Nagaraj seeking for compensation of Rs.85,00,000/-. On receipt of notice, respondent No. 2-insurer filed written statement denying the date, time and place of accident and also the involvement of the insured vehicle. It also denied the age, occupation and income of the claimant. It was further contended that there was violation of policy condition and hence it was not liable to pay any compensation. Based on the said pleadings, the Tribunal framed issues and recorded evidence. The claimant got himself examined as PW1 and marked documents namely, the FIR with complaint, spot panchanama, MVI report, charge sheet, wound certificate, discharge summary, disability certificate, medical bills and etc. The respondent examined one witness as RW1 and marked four documents as Ex.R1 to R4. Thereafter, the Claims Tribunal held that the accident had occurred due to the rash and negligent driving by the driver of the car and held respondents No.1 and 2 to pay the compensation to the claimant. It assessed the compensation payable to the petitioner in a sum of Rs.13,95,700/- with interest at 6% p.a. Seeking for enhancement of compensation MFA No.201174/2019 is filed.

(3.) Since, there is no challenge to the award by the respondent-Insurance Company, the only issue that arises for consideration is 'whether the claimant is entitled for enhancement of compensation?'.