MANAGER, ORIENTAL INSURANCE COMPANY LIMITED Vs. NARAYANAGOWDA

JUDGEMENT

(1.) These appeals are filed under Sec. -173(1) of the Motor Vehicles Act 1988 (hereinafter referred to as 'MV Act' for brevity) challenging the judgment and award dtd. 23/10/2017, passed in M.V.C.No.118/2017, on the file of the Addl. Senior Civil Judge MACT, at Srirangapatna, (hereinafter referred to as 'the Tribunal' for brevity). MFA No.1178/2018 is filed by the appellantinsurance company, questioning the liability fixed by the Tribunal to pay the compensation. MFA No.6815/2018 is filed by the appellantclaimant seeking enhancement of the compensation awarded by the Tribunal.

(2.) That on 26/11/2016 at about 2.00 a.m., near Basavanahally Village, T.N.Pura Taluk, Mysore District, when the claimant was proceeding in a motor bike bearing registration No.KA-11-EC-8094 as a pillion rider, ridden by its rider by name Mahadeva, at that time, the rider of the said bike rode the same in a rash and negligent manner at a high speed and lost control over the bike and thereby the accident occurred. As a result of which, the claimant fell down from the motor bike and sustained injuries on his head and other parts of the body. Thereafter, he was admitted to Cauvery Hospital, Mysuru and was treated for the said injuries suffered.

(3.) Hence, a claim petition was filed by the claimant under Sec. -166 of the M.V. Act, claiming compensation for the injuries sustained in the accident. The Tribunal on appreciating the materials on record, allowed the petition in part, and awarded a compensation of Rs.8,49,230.00 along with interest at 9% per annum from the date of petition till the date of deposit. The Tribunal held respondent Nos.1 and 2, jointly and severally liable to pay the compensation.