JALENDRA KUMAR Vs. UMESH

JUDGEMENT

(1.) These two appeals are filed by the claimants questioning the judgment and award dated 16.02.2013 passed in MVC No.59 of 2009 and MVC No.60 of 2009 by the learned Senior Civil Judge, Itinerary Court at Pavagda and MACT-XX (for short 'the Tribunal') challenging the quantum of compensation and also seeking for enhancement of compensation.

(2.) The factual matrix of the case is that, the claimants in MVC No.59 of 2009 are the wife and parents of deceased Manjunatha. That on 29.05.2007 deceased Manjunatha was proceeding towards Virupasandra village from Kambadur village on Hero Honda Passion Plus Motor Cycle bearing No.AP-02-TR-P-2198 which was belonging to respondent No.3. On the way, at Doddahalli village, Manjunatha met Jalendra Kumar, the petitioner in MVC No.60 of 2009 at bus stand and offered Jalendra Kumar to drop him to his village. Jalendra Kumar boarded the motor cycle as pillion rider and when both were proceeding on Ballari-Pavagada road and when they reached near Veeramanahalli Gate at 4.30 p.m., one Mr.Umesh came riding a motor cycle bearing registration No.KA-02-ET5927 along with pillion rider Mr.Mallikarjuna from opposite side with high speed in a rash and negligent manner and dashed to the motor bike of deceased Manjunatha. Due to the accident, both the motor cycles riders and pillion riders fell down and pillion riders sustained fracture injuries and both the riders died on the spot. The dead body of Manjunatha was shifted to PHC Pavagada and after postmortem examination, it was shifted to their native village and thereafter, funeral ceremony was performed. The deceased Manjunatha was aged about 25 years and was doing goldsmith work in the village by appointing a worker by name Ramanjinappa by paying Rs.2,000/- per month towards salary. The deceased was earning Rs.3,000/- per month and by the same, he was maintaining his family. The accident occurred due to the rash and negligent riding of motor cycle bearing registration No.KA-02-ET-5927 and Pavagada police registered a case against the rider of motor cycle bearing registration No.AP-02-TR-P-2198 in Crime No.51 of 2007. But the pillion rider of the other vehicle taking advantage of the fact that the rider of the above said vehicle has dead and pillion rider of motor cycle bearing registration No.AP02-TR-P-2198 was unconscious, filed a false complaint before the Pavagada Police against the said motor bike.

(3.) Respondent Nos.1 and 2 filed separate written statements denying the claim and allegations made in the petition. Respondent No.1 contended that Umesha and Mallikarjuna were going in a motor cycle and the accident was on account of rash and negligent manner of the said Manjunatha and Umesha died at the spot. The case was registered against Manjunatha by filing charge sheet. The vehicle of Umesha was insured with respondent No.2. There is no fault of deceased respondent No.1.