RAJRAM Vs. GURUSHANTH

JUDGEMENT

(1.) These appeals are filed under section 173(1) of the Motor Vehicles Act (hereinafter referred to as 'the Act' for short) by the claimants challenging the common judgment and award dated 30.07.2016 passed in MVC No.91/2015 and MVC No.92/2015 by the II Additional District and Sessions Judge, Member, MACT-III, at Vijayapura.

(2.) The parties are referred as per their ranking before the Tribunal.

(3.) The facts leading to filing of these appeals are that on 31.10.2014 at about 4.00 p.m., Rajaram alias Bandu was riding the motorcycle belonging to him bearing registration No.MH-13/BJ-8799 along with two pillion riders namely the deceased Ramachandra and the claimant in MVC Nos.92/2015 Rajaram S/o Babasaheb Kamble near Wagholi bus stop on SolapurMangalweda road, at that time, a tractor bearing No. KA-48/T-2135 and the trailers bearing Nos.KA-28/TB2469 and KA-28/TB-2470 came from opposite direction driven by its driver in a rash and negligent manner and dashed to the motorcycle. As a result of which, Ramchandra suffered grievous injuries and died on the spot, whereas the rider and another pillion rider suffered grievous injuries in the accident. The accident was occurred due to rash and negligent driving of the driver of the tractor and trailers. Thereafter, the claimants were admitted to Gangamai Hospital, Solapur and they have spent huge amount for their treatment. Hence, they have filed the claim petitions under section 166 of the Act seeking compensation on the ground of injuries sustained by them in a road traffic accident.