NARAYAN S/O DHAMALU PAWAR Vs. SHANTKUMAR @ SHANTAPPA

JUDGEMENT

(1.) MFA.No.200452/2017 is filed by the owner of a Mini Goods Vehicle bearing Reg.No.KA-32-C-0069 (henceforth referred as 'offending vehicle') challenging the liability imposed upon him to pay the compensation determined by the MACT-III Vijayapur (henceforth referred as 'Tribunal') in MVC.No.252/2016 dated 24.12.2016.

(2.) MFA.No.200587/2017 is filed by the claimant seeking enhancement of compensation awarded by the Tribunal in MFA.No.252/2016 dated 24.12.2016.

(3.) The records of the Tribunal reveal that on 28.06.2015 when the claimant was riding pillion on a motorcycle bearing Reg.No.KA-42-Q-4773, the offending vehicle being driven from the opposite direction in a rash and negligent manner by its driver, lost control and dashed against the motorcycle. As a result, the claimant suffered injuries and was shifted to Kamareddy Hospital, Gulbarga, where he was treated as an inpatient for 15 days. The claimant claimed that he was a Mason and was earning Rs. 15,000/- per month and due to injuries he could not work as a Mason. He claimed that accident was due to rash and negligent driving by the driver of the offending vehicle. Therefore, he filed a claim petition under Section 166 of the Motor Vehicle Act, 1988 claiming compensation of Rs. 15,00,000/- from the owner and insurer of the offending vehicle.