B.S.MANJUNATHA Vs. BHASKAR SHETTY

JUDGEMENT

(1.) The claimant being aggrieved by the judgment and award dtd. 25/3/2013 passed in MVC No.373/2011 by the Fast Track Court & MACT, Kundapura filed the appeal in MFA No.6005/2013. The insurance company - respondent No.2 being aggrieved by the same judgment filed MFA No.5782/2013.

(2.) The parties are referred to as per their ranking before the Tribunal.

(3.) The brief facts leading to these appeals are that on 24/1/2011 at about 12.00 hours on Perduru - Heriyadka Road, Pakkalu, Udupi Taluk, the claimant was traveling in a lorry bearing registration No.KA-13- 7615 from Beloor to Udupi side, when the said lorry reached at Pakkalu of Heriyadka Village there was a mechanical defect in the lorry and the driver of the said lorry was parked the lorry in the side of the road and the appellant-claimant was in lorry cabin. At that time, the driver of the goods lorry bearing registration No.MEG-7809 drove the same from Udupi side in a high speed and rash and negligent manner and due to over speed, the driver of the lorry lost control over the same and dashed against the parked lorry. Due to the said mistake, claimant sustained injury and he took treatment in KMC hospital, Manipal and Ashraya hospital, Chikkamagalur. Due to accidental injuries, the claimant is not attending his work and lost income. The claimant is not in a position to do any work thereby sustained permanent disability and the claimant has lost future income. The concerned claimant has raised case against the person who was driving the said lorry bearing registration No.MEG7890.