SUDHAKAR Vs. CHANNAPPA

JUDGEMENT

(1.) Mfa No.201134/2015 is filed by the claimant while MFA No.201410/2015 is filed by the National Insurance Company Limited under Section 173(1) of the Motor Vehicles Act (hereinafter referred to as 'the Act') against the judgment and award dated 12.01.2015 passed in MVC No.620/2012 on the file of Fast Track Court, Basavakalyan, Dist. Bidar (hereinafter referred to as 'the Tribunal').

(2.) Facts giving rise to filing of the present appeals briefly stated are that on 30.08.2012 at about 12.15 p.m., the claimant was proceeding on Hero Honda motorcycle infront of DDC Bank, Humanbad at that time another Hero Honda motorcycle bearing registration No.KA-39/K-2150 ridden by its rider in a rash and negligent manner came and dashed the claimant. Due to the impact, the claimant fell down and in the meantime a lorry bearing registration No.MH-16/Q-5779 driven by its driver in a rash and negligent manner came from the back side and ran over the right hand of the claimant. As a result, the claimant sustained grievous injuries.

(3.) The claimant thereafter filed petition under Section 166 of the Act seeking compensation of Rs.50,00,000/- on the ground that prior to the accident, he was working as a Commission Agent and Senior Executive Officer in PACL India Company Limited and was earning Rs.40,000/- per month and on account of the injuries sustained by him in the accident, he was treated as inpatient at different hospitals by various doctors. That he had to under go three operations finally resulting in amputation of his right forearm. That due to the accident, he sustained grievous injuries and he is unable to carry out his regular work and that the accident occurred due to the rash and negligent act of the offending vehicles.