LAWS(KAR)-2020-7-341

KIRANA Vs. NAVEENKUMAR B. P.

Decided On July 06, 2020
Kirana Appellant
V/S
Naveenkumar B. P. Respondents

JUDGEMENT

(1.) These appeals are preferred by the appellant-claimants against the judgment and awards dated 06th December, 2016 passed in MVC No.916 and 915 of 2015 on the file of V Additional District and Sessions Court and Additional Motor Accident Claims Tribunal, Hassan (for short hereinafter referred to as 'the Tribunal').

(2.) The brief facts, for the purpose of adjudication of these appeals are, that on 08th March, 2015, the claimant in MVC No.916 of 2015 (appellant herein in MFA No.3391 of 2017), was riding motorcycle bearing registration No.KA 13 X 5725 along with one Aruna, claimant in MVC No.915 of 2015 (appellant herein in MFA No.3393 of 2017) as pillion rider and at about 10.30 pm when they were passing through Hassan-Dudda road near Hosur gate Hassan, a car bearing registration No.KA 13 N 3899 being driven in a rash and negligent manner dashed against their motor-cycle and as a result of the said accident claimant-appellants sustained grievous injuries. Immediately, they were shifted to Janapriya Hospital, Hassan and were there as inpatients for about 2 months. For the injuries sustained in the road traffic accident, they filed claim petitions in MVC No.915 and 916 of 2015 before the Tribunal.

(3.) In the claim petitions, claimant in MVC No.915 of 2015 has stated that he had incurred an amount of Rs.4,50,000/- and the claimant in MVC No.916 of 2015 has stated that he had incurred Rs.2,50,000/- towards medical expenses. It is the case of the claimants that they were earning a sum of Rs.30,000/- per month by working as mason and also as agriculturists. Due to the said accident, they are unable to eke-out their livelihood by carrying on their profession. Hence, they filed claim petitions seeking compensation of Rs.20,00,000/- each along with interest @ 18% per annum from the date of petition till the date of realisation.