PEEKYA NAIK S/O HEERYA NAIK Vs. P M. HANUMA NAIK S/O MEGYA NAIK AND THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD. SUJATHA COMPLEX OPP P B ROAD. HUBLI

JUDGEMENT

(1.) BOTH these MFAs are preferred challenging the orders passed by the Additional MACT Ranebennur in MVC.NO. 167/2005 So, by a common order both the cases are taken up for consideration. The parties will be referred according to their ranking before the MACT for convenience

(2.) THE facts necessary for the consideration of the appeals are as follows: The case of the claimant Peekya Naik is that on the night of 10.6.2000 at about 11.30 p.m., the petitioner being a hamali in the TT unit Noka.35/T -3339 and Trailor KA -35/T -6669, as per the instruction of the owner P.M.Hanuma Naik was travelling in the said vehicle to unload at Kallalli tanda, then driver of it has driven the vehicle rashly and negligently. it resulted in accident near the land of Haladappa near Kallalli Tanda and he sustained injuries, so seek for compensation.

(3.) THE learned Member of the Tribunal in his discussion in regard to the maintainability of the application under Section );">166 of the Motor Vehicles Act forms an opinion that it is only a technical defect and fixed the compensation at Rs. 1,05,362/ -.