NEW INDIA ASSURANCE COMPANY LIMITED Vs. ABDUL

JUDGEMENT

(1.) These two appeals arise out of the judgment and award dtd. 17/9/2016 in MVC No.998/2011 passed by the I-Additional Senior Civil Judge and Additional M.A.C.T., Hubballi (for short "the Tribunal").

(2.) The brief facts so far as the same are relevant for the present purposes are that on 31/12/2009 at 9.30 p.m., while the claimant, who is appellant in one of the appeals was returning to Hubballi from Kerur in KSRTC Bus bearing registration No.KA-25/F-803, a lorry which was parked partly by the side of the road and partly on the tar portion of the road, having not been clearly sighted, the bus collided against the same and due to the impact, the claimant-appellant suffered grievous injuries. On his presenting a claim petition, respondent Nos. 1 and 2 entered appearance through a common learned advocate and respondent No.4 entered appearance through its panel counsel. They filed their separate Written Statements denying the material averments in the claim petition.

(3.) During trial, the claimant examined himself as PW-1 and he also examined a Medical Expert as PW-2. Ex.P-1 to Ex.P-15 were marked for the claimant. Respondents examined two witnesses as RW-1 and RW-2 and Ex.R-1 to Ex.R-4 were marked.