RELIANCE GENERAL INSURANCE COMPANY LTD. Vs. JAGADISH V.

JUDGEMENT

(1.) M.F.A.No.5088/2018 has been filed by the claimant seeking enhancement of the amount of compensation, whereas M.F.A.No.4909/2018 has been filed by the insurance company being aggrieved, by the judgment dated 04.04.2018 passed by the Motor Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal' for short) in MVC No.2345/2017. Since, both 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 as well as same judgment passed by the Tribunal, 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 11.12.2016, the claimant - Jagadish V was proceeding in a car bearing registration No.KA-04-MP-8906 (hereinafter referred to as 'the Swift Car' for short) near Ambedkar Nagar, Solur Hobli, Ramanagara and the driver of the aforesaid cars parked the same with parking lights waiting for the road which was blocked due to a traffic jam to clear. At that time, a car bearing registration No.KL-52-E7007 (hereinafter referred to as 'the offending vehicle' for short) which was being driven by its driver in rash and negligent manner, came from the same direction and dashed against the car in which the claimant was traveling from the rear side. As a result of the aforesaid accident, the claimant sustained grievous injuries and was immediately given first aid at Harsha Hospital, Nelamangala and thereafter was shifted to MS Ramaiah Hospital, Bangalore for further treatment where the claimant was an inpatient for 147 days.

(3.) The claimant thereupon filed a petition under Section 166 of the Act inter alia on the ground that the claimant was admitted to MS Ramaiah Hospital, Bangalore where he took treatment as inpatient for a period of 147 days. It is also pleaded that the claimant has spent more than huge sums towards medical expenses. It was also claimed that the claimant was earning Rs.12,000/- from working as an agriculturist and dairy farmer and due to the impact of the accident, the claimant is unable to carry on with the work as before and has lost his means to earn a livelihood. It was also pleaded that the accident took place on account of the rash and negligent driving of the driver of the offending vehicle. The claimant claimed compensation to the tune of Rs.50,00,000/- along with interest.