NATIONAL INSURANCE COMPANY LTD. Vs. HAMSLIN BENJIMIN

JUDGEMENT

(1.) Mfa No.740/2018 has been filed by the Insurance Company against the quantum of compensation awarded by the Tribunal where as MFA No.5054/2017 has been filed by the claimants seeking enhancement of compensation against the judgment dated 25.05.2017 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of these appeals briefly stated are that on 08.01.2016 at about 2 p.m. the injured claimant was proceeding on a new motor cycle bearing engine No.05.976.31747 as a pillion rider which was being ridden by one Pavan Jain towards Bengaluru. When they reached IOC Petrol Bunk on Tumkur - Bengaluru road, Somapura Hobli, Nelamangala Taluk, at that time one TATA ACE vehicle bearing registration No.KA-04 AA-0120 which was being driven by its driver in a rash and negligent manner, dashed against the motor cycle of the claimant. As a result of the aforesaid accident, the claimant sustained brutal injuries and was hospitalised for a period of 12 days.

(3.) The claimant thereupon filed a petition under Section 166 of the Act inter alia on the ground that the accident has taken place on account of rash and negligent driving of the driver of the TATA ACE vehicle. It was further pleaded that the claimant is a student of II year Engineering course and was aged about 20 years at the time of accident. Accordingly, the claimant claimed compensation to the extent of Rs.18,00,000/- along with 12% interest.