K S SUBRAMANI Vs. A THOMAS ROSS

JUDGEMENT

(1.) these two appeals are disposed of by the following common order as they arise out of the same judgment and award of the accidents claims tribunal, chickmagalur, (hereinafter referred to as the tribunal) in mvc. No. 135/1985.

(2.) m.f.a. No. 531/1988 is by the owners of motor vehicle bearing registration mark myc. 3993. Aggrieved by the liability foisted on them jointly and severally to the exclusion of the liability of the insurance company which was the 3rd respondent before the tribunal. Mfa. No. 1068/1990 is by one of the victims of the accidents, aggrieved by the inadequate compensation awarded as contended by him.

(3.) the undisputed facts may be statedand they are as follows. The petitioner appellant in mfa. No. 1068/1990 in the claim petition before the tribunal under sec. 110a of the Motor Vehicles Act (hereinafter referred to as the act) pleaded that while he and his brother-in-law wore standing near the compound of the building of the Karnataka electricity board at kadur on the Bangalore honnavar road waiting for a passenger bus in order to go to hassan, the lorry bearing registration mark myc 3993 owned by respondents 1 and 2 (the appellants in mfa. No. 531/ 1988) was driven rashly and negligently at great speed from the side of shimoga and collided against them causing him and his brother-in-law serious injuries resulting in the fracture of the femur of his left leg and several other injuries which necessitated his hospitalisation and prolonged treatment. Therefore, ha pleaded that he may be paid compensation for such injury in the sum of Rs. 1,58,000/-.