NARAYAN LAVU KADAM Vs. CHANNAMALLIKARJUN SWAMY

JUDGEMENT

(1.) All the claimants in these appeals are the injured victims who have challenged the rejection of their claim petition in M.V.C.No.2105/2006 as well as the award of meagre compensation in M.V.C.Nos.2104/2006 and 2106/2006 by the Fast Track Court-I and Member, Addl. MACT, Belagavi.

(2.) The claim petition discloses that all the three claimants were riding a motorcycle bearing registration No. MH-07/K-6747 from Savantwadi to Morgaon. When they reached near the Maruthi temple, a Tata Sumo vehicle bearing registration No.KA-23/M-3887 (offending vehicle) driven from the opposite direction in a rash and negligent manner dashed against the motorcycle. As a result, the claimants suffered injuries and were treated at Goa Medical College, Panaji. The claimant in M.V.C.No.2104/2006 claimed that he was a skilled worker doing centering work and was earning Rs.5,000.00 p.m. The claimant in M.V.C.No.2105/2006 claimed that he was employed in a private company and was earning a sum of Rs.5,000.00 p.m. while the claimant in M.V.C.No.2106/2006 claimed that he was also doing centering work and was earning Rs.5,000.00 p.m. All of them filed claim petitions claiming compensation from the owner and insurer of the offending vehicle.

(3.) The owner of the offending vehicle contested the claim petitions contending that the accident was due to the negligent riding of the motorcycle by the claimants. He contended that the vehicle was duly insured and the driver possessed a valid licence and therefore, it was the insurer who was bound to indemnify him.