MALLAIAH Vs. AYYAPPA R.

JUDGEMENT

(1.) These two appeals are filed by the claimant and the Insurance Company respectively questioning the quantum and liability challenging the judgment and award dated 04.03.2015 passed in M.V.C.No.2485/2013 on the file of the IX Additional Small Causes and Additional MACT, Bengaluru ('the Tribunal' for short).

(2.) The parties are referred to as per their original rankings before the Tribunal to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that on 06.04.2013 at about 8.00 a.m., the claimant was proceeding from his village in TVS XL Super HD bearing No.KA-41-W-1871 as a pillion rider and the said vehicle was driven by his son-in-law Revanna. When the said vehicle reached Kanminke Bus stand, at that time, the Eicher vehicle bearing No.KA-04-B-3467 driven by its driver in a rash and negligent manner hit the vehicle in which the claimant was proceeding from behind. As a result, he sustained grievous injuries. Immediately, he was shifted to Rajarajeshwari Hospital and later he was shifted to H.K. Hospital for further treatment wherein he took treatment as an inpatient from 06.04.2013 to 14.04.2013 for a period of nine days and during the course of treatment, x-rays were taken which reveals fracture of open comminuted fracture of right tibia and right malleculur fracture and he was subjected to surgery and spent nearly Rs.1,50,000/- for treatment. It is the case of the claimant that he was working as a mason under the contractor and earning Rs.18,000/- per month and due to the disability, he is not in a position to do any work.