ASIF KOYA Vs. DURGA CONSTRUCTION COMPANY

JUDGEMENT

(1.) These Miscellaneous First Appeals are filed challenging the judgment and award dated 01st March, 2017 passed in MVC No.552 of 2015 by the Senior Civil Judge and Additional Motor Vehicles Accident Claims Tribunal, Kundapura (for short, hereinafter referred to as 'the Tribunal'). MFA No.6440 of 2017 is filed by the Insurance Company, challenging the judgment and award on the ground of liability and quantum; and MFA No.5019 of 2017 is filed by the claimant seeking enhancement of compensation.

(2.) For the sake of convenience, the parties in this appeal are referred to with their status and rank before the Tribunal.

(3.) It is the case of the claimant that on 09th June, 2015 at about 7.45 am, claimant was proceeding on the motorcycle bearing registration No.KA-20/H-7796 towards Koteshwara side and when he reached near Kalavara Bus-stop, at that time, a Tipper bearing registration No.KA-20/B-9833 dashed to the motorcycle of the claimant and due to the said impact, the claimant sustained grievous injuries. It is further averred in the claim petition that, immediately after the accident, he was shifted to Ankadakatte Hospital for treatment. He further stated that due to accident he has suffered permanent disability and as such, he is not able to work as was he earlier. Hence, he filed MVC No.552 of 2015 before the Tribunal seeking compensation.