K G SRINIVASAMUTHY Vs. HABIB KHATHUN

JUDGEMENT

(1.) M. F. A. No. 5566 of 1999, M. F. A. No. 690 of 2000 and Cross-objection No. 23 of 2000 arise out of the judgment and award passed by the Motor accidents Claims Tribunal, Madhugiri in m. V. C. No. 177 of 1997 dated 23. 10. 1999.

(2.) M. F. A. No. 3557 of 1998 arises out of and is directed against the judgment and award passed by Motor Accidents Claims tribunal, Chickmagalur, in M. V. C. No. 140 of 1994 dated 29. 5. 1998. The essential facts of the case necessary for the disposal of these appeals are as follows: facts Re: M. V. C. No. 177 of 1997

(3.) THE parties would be referred to with reference to their rank before the Tribunal. M. V. C. No. 177 of 1997 was filed by suma, the daughter of Mariyappa, aged 4 years, minor represented by her natural guardian father seeking compensation of rs. 10,00,000 towards the personal injury suffered by her in a motor accident that occurred on 13. 1. 1997. It is averred in the petition that on 13. 1. 1997 at about 9 a. m. claimant was standing by the side of katalagollahalli-Ajjihalli Road near Kallumane Thota in front of her house, lorry bearing No. MYT 6600 belonging to the respondent No. 1 was driven in a rash and negligent manner by its driver Kanakaraju and the lorry came in a high speed and dashed against Suma, who sustained crush injury to her lower limb above knee. As a result of grievous injury sustained by the injured, the right lower limb has been amputated above knee and the petitioner has suffered permanent physical disability and wherefore, she filed the claim petition seeking compensation of Rs. 10,00,000 from the respondents being the owner and insurer of the lorry MYT 6600.