RELIANCE GENERAL INSURANCE CO. LTD Vs. KRISHNA REDDY

JUDGEMENT

(1.) MFA No. 7192/2018 has been filed by the Insurance Company, whereas MFA No. 7512/2018 has been filed by the claimant aggrieved by the judgment dtd. 4/7/2018 passed by the Motor Accident Claims Tribunal. Since both these appeals preferred under Sec. 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 the same Judgment passed by the Tribunal, they are heard together and being decided by this common Judgment.

(2.) Facts giving rise to the filing of the appeals briefly stated are that on 20/11/2016 at about 3.30 p.m., the claimant was riding a motor-cycle bearing registration NO.KA-51-EP-2604 on Murandahalli cross, Kolar-Srinivaspur Main Road. At that time, Eicher Lorry bearing No.KA-07-A-6906 being driven by its driver at a high speed and in a rash and negligent manner, dashed against the motor-cycle ridden by claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

(3.) The claimant filed a petition under Sec. 166 of the Act seeking compensation. It was pleaded that the claimant spent huge amount towards medical expenses, conveyance, etc., and that he was treated as inpatient for seven days. It was further pleaded that the accident occurred purely on account of the rash and negligent driving of the offending vehicle by its driver. It was also pleaded that prior to the accident, the claimant was hale and healthy and was working as Agriculturist-cum-Milk Vendor and was earning Rs..00.0030,000.00 p.m., and that due to the accident, he is not able to walk, resulting in loss of earning. Thus, the claimant sought for compensation of Rs..00.0060,00,000.00 along with interest.