VENKATESH @ VENKATARAMANAGOWDA Vs. V. RAMACHANDRA PRASAD

JUDGEMENT

(1.) Mfa No.8863/2019 has been filed by the claimants seeking enhancement of compensation, whereas MFA No.3079/2019 has been filed by the Insurance Company questioning the involvement of the insured Lorry in the accident against the judgment dated 30.10.2018, passed by the Motor Accident Claims Tribunal, Channapatna (hereinafter referred to as 'the Tribunal' for short).

(2.) Since both the appeals arise out of the same accident and the very same judgment of the claims Tribunal, they were heard together meticulously and are decided by this common judgment.

(3.) Facts giving rise to the filing of the appeal briefly stated are that, on 19.05.2016, at about 8.50 p.m., when the deceased T.V.Vinod Kumar was driving his motorcycle bearing registration No.KA-02/HT-8463 and when he was trying to take 'U' turn on B.M.Road, near Lakshmisagar Gate, Bidadi Hobli, at that time, a Lorry bearing registration No.KA01/AE-1221, which was being driven by its driver in a rash and negligent manner dashed against the motorcycle of the deceased. As a result of the aforesaid accident, the deceased fell down from the motorcycle, sustained grievous injuries and ultimately succumbed to the same. There upon, the claimants filed a petition under Section 166 of the Motor Vehicles Act, 1988, inter alia, on the ground that the accident took place only due to rash and negligent driving by the driver of the Lorry. It was further pleaded that the deceased at the time of accident was aged about 23 years, employed in Linen Park Fabric Spa Pvt. Ltd. and was earning a sum of Rs.35,000/- p.m. The claimants accordingly claimed compensation to the tune of Rs.1,50,00,000/-.