A HARSHA V RAI Vs. K V KARNA

JUDGEMENT

(1.) One Harsha sustained injuries as a result of en accident caused by a motor car at about 10.35 p.m. on 10-2-1965. He filed an application under Section 110-A of the Motor Vehicles Act claiming compensation of Rs. 50,000/-. The Motor Accidents Claims Tribunals, Bangalore, awarded Rs. 6,100/- as special damages and Rs. 10,000/- by way of general damages against the owner of the Car and the Insurance Company. The applicant has come up in appeal M. F. A. 56/170 contending that the amount of compensation awarded is inadequate. The owner of the Car and the Insurance Company have filed M. F. A. No. 235/1970 challenging the order of the Tribunal and in the alternative contending that the amount awarded by the Tribunal is excessive.

(2.) The Tribunal held that the accident was the result of rash and negligent driving of the driver of the car that the applicant sustained injuries as a result of the accident and that the owner of the car and the Insurance Company are liable to pay the damages of Rs. 16,100/-.

(3.) The points for determination In this appeal are: Firstly, whether the accident was the result of rash and negligent driving of the driver; Secondly, whether the owner of the car and consequently the Insurance Company are liable to pay damages for the injuries caused by the accident; and Thirdly, whether the amount of damages awarded by the Tribunal is inadequate or excessive.