MANJAPPA Vs. ARUNAKUMAR

JUDGEMENT

(1.) M.F.A. No. 1924/2018 has been filed by the legal representatives of the deceased seeking enhancement of the amount of compensation, whereas M.F.A. No. 1924/2015 has been filed by the injured claimant seeking enhancement of the amount of compensation against the judgment dated 07.11.2017 passed by the Motor Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal' for short). Since, both the appeals preferred under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) arise out of the same accident as well as common judgment passed by the Tribunal, they were heard analogously and are being decided by this common judgment.

(2.) Facts giving rise to the filing of these appeals briefly stated are that on 08.11.2014, the injured claimant Lakshmikanth along with the deceased Yogesh who was riding pillion were proceeding on motorcycle bearing registration No.KA-14-Y-1821. At that time, a car bearing registration no.KA-05-AD-7001, which was being driven by its driver in a rash and negligent manner, came from the opposite direction and dashed against the motorcycle in which the deceased and the injured claimant were traveling. As a result of the aforesaid accident, the deceased and the injured claimant sustained grievous injuries, while the deceased succumbed to injuries, the injured claimant was shifted to KMC Hospital, Manipal for treatment.

(3.) The legal representatives of the deceased thereupon filed a petition under Section 166 of the Act viz., MVC No.315/2015 claiming compensation on the ground that the deceased was aged about 20 years at the time of accident and was engaged as a CCTV Installer and was earning a sum of Rs.10,000/- per month. It was further pleaded that accident took place solely on account of rash and negligent driving of the offending car by its driver. The claimants claimed compensation to the tune of Rs.35,70,000/- along with interest whereas, the injured claimant filed a petition under Section 166 of the Act viz., MVC No.316/2015, inter alia, on the ground that the claimant was admitted to KMC Hospital, Manipal, where he took treatment as inpatient. It is also pleaded that the claimant has spent huge sums towards medical expenses. It was also claimed that the claimant was earning Rs.50,000/- from running a business in the name and style of Silvertree Technical and due to the impact of the accident, the claimant is unable to carry on with the work as before. It was also pleaded that the accident took place on account of the rash and negligent driving of the driver of the offending car. The claimant claimed compensation to the tune of Rs.16,00,000/- along with interest.