NAGAPPAIAH Vs. BHASKARA

JUDGEMENT

(1.) These three appeals arise out of the judgment and award, dated January 7, 1978, passed by the Motor Accidents Claims Tribunal, Chickmagalur, in Misc. (MVC) No. 20/1976, on its file, awarding compensation of Rs. 22,000 together with interest and costs to the injured claimant.

(2.) It is the case of injured claimant, Bhaskara, that he and his father, Thimmappa, P.W. 2, boarded a lorry in Yeshawantapur in the night of June 4/5, 1976, to go to Shimoga. The lorry was bearing No. MYS 7557. They were sitting in the seat behind the driver. The said lorry was going at a distance of 3 miles from Mettigatta and proceeding towards Kadur, at about 11.30 p.m., another lorry bearing No. MYS 6571 belonging to the first respondent in the petition and driven by the second respondent in the petition came from the opposite direction with great speed and the two lorries collided in the middle of the road and the front glass of the lorry in which Bhaskara was sitting broke and pieces flung against his face hit the left eye of Bhaskara causing him bleeding injuries in the eye and he was immediately removed to Kadur hospital where he was given first aid and then taken to Shimoga hospital and then to Minto Eye Hospital in Bangalore. Ultimately, his left eye had to be removed and he has been left without sight in the left eye. On these averments he claimed compensation of Rs. 80,000 from the owner, driver and insurer of both the lorries, namely, respondents 1 to 6 in the petition.

(3.) The owner of the lorry in which Bhaskara was travelling denied his liability on the ground that he did not permit the driver to take any passenger. Further, the driver contended that he was not liable for compensation because the accident happened due to the rash and negligent driving of the other lorry bearing No. MYS 6571. The insurance company denied its liability stating that it had not insured the vehicle for passengers in the lorry.