ARATHI Vs. RELIANCE GENERAL INS. CO. LTD.

JUDGEMENT

(1.) M.F.A.No.1600/2018 has been filed by the claimants seeking enhancement of the amount of compensation against the judgment dated 24.01.2018 passed by the Motor Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal' for short) in respect of the death of Srinivas Gowda in MVC No.1802/2017, whereas M.F.A.No.7327/2019 and M.F.A.No.2276/2019 have been filed by the insurance company being aggrieved, by the judgment dated 12.03.2019 passed by the in MVC No.54/2017 in respect of the injured claimant Thimmaiaih and by the judgment 24.01.2018 passed by the Tribunal in MVC No.1802/2017 in respect of the death of Srinivas Gowda. Since, all these 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, they were heard together and are being decided by this common judgment.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 30.11.2016, the deceased Srinivas Gowda was riding a motor cycle bearing Registration No.KA-45-R1168 along with the injured claimant - Thimmaiah as the pillion rider near Prerana Motor Bypass Road, Hunsur. At that time, a Eicher Canter bearing Registration No.KA-55-4978 (hereinafter referred to as 'the offending vehicle' for short), which was being driven by its driver in a rash and negligent manner, came from the opposite direction and dashed against the motor cycle which the deceased was riding along with the injured claimant. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the same whereas, the injured claimant who sustained grievous injuries, was immediately given first aid at Governemnt Hospital, Hunsur and thereafter was shifted to Bhavani Hospital, Mysore for further treatment where the claimant was an inpatient for 5 days.

(3.) The legal representatives of the deceased Srinivas Gowda thereupon filed a petition under Section 166 of the Act viz., MVC No.1802/2017 claiming compensation on the ground that the deceased was aged about 40 years at the time of accident and was engaged in business as well as agriculture and was earning a sum of Rs.30,000/- per month. It was further pleaded that accident took place solely on account of rash and negligent driving of the offending vehicle by its driver. The claimants claimed compensation to the tune of Rs.50,00,000/- along with interest. The injured claimant also, filed a petition under Section 166 of the Act viz., MVC No.54/2017 inter alia on the ground that the claimant was admitted to Bhavani Hospital, Mysuru where he took treatment as inpatient for a period of 5 days. It is also pleaded that the claimant has spent huge sums towards medical expenses. It was also claimed that the claimant was earning Rs.15,000/- from working as a coolie and due to the impact of the accident, the injured 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 vehicle. Accordingly, the injured claimant claimed compensation along with interest.