NEW INDIA ASSURANCE CO. LTD. Vs. YOUSURF BASHA

JUDGEMENT

(1.) M.F.A. Nos. 685/2009 and M.F.A. No. 686/2009 are by the New India Assurance Company Limited (hereinafter referred to as Insurer' for short); M.F.A. No. 1090/2009 is by the injured claimant; and M.F.A. No. 1271/2010 is by the minor claimant, aged about 7 years, represented by her grandmother. The Insurer has filed the two appeals against the common judgment and award dated 18th October 2008, passed in MVC Nos. 75/2004 & 84/2004, by the Civil Judge(Sr. Dn.) & JMFC, Motor Accident Claims Tribunal, Chinthamani, (for short, 'Tribunal'), seeking to modify the contributory negligence fixed on the Insurer and the rider of the Motor Cycle. The injured claimant in M.V.C. No. 84/2004 has filed the appeal, seeking enhancement of compensation, against the very same judgment and award, on the ground that the monthly income assessed by Tribunal is on the lower side and to modify the contributory negligence fixed in the ratio of 50:50; and the minor claimant in M.V.C. No. 75/2004, represented by her grandmother has filed the appeal, against the very same judgment and award, seeking enhancement of compensation and also to modify the contributory negligence fixed by the Tribunal.

(2.) The facts of the case as stated in the claim petition are that, at about 9:30 P.M., on the ill-fated day, i.e. on 01-09-2004, when the deceased Smt. Sireen Krishnappa, the mother of the minor claimant in M.F.A. No. 1271/2010 (in M.V.C. No. 75/2004) was travelling in a Motor Cycle bearing Registration No. KA-04/T-5064, as a pillion rider and the said Motor Cycle was ridden by the injured claimant in M.F.A. No. 1090/2009 (in M.V.C. No. 84/2004), in between T. Hosahalli-Talagavara Road, at that time, they both met with an accident on account of rash and negligent driving by the driver of the Lorry bearing Registration No. AP-04/T-5164, as he suddenly stopped the Lorry by applying brake Due to the impact, the deceased who was riding pillion and the injured claimant, who was riding the Motor Cycle, both sustained grievous injuries all over the body. But, unfortunately, the pillion rider died while she was being shifted to the Hospital.

(3.) It is the case of the injured claimant in M.F.A. No. 1090/2009 that he was aged about 24 years, working as Creative Head and Business Development Officer at 'Media Masti Magic' Magazine, drawing salary of Rs. 15,000/- per month. It is his further case that he has sustained lacerated wound over right side of neck, lacerated wound over upper 1/3rd of thigh, fracture mandible and other injuries as per Ex. P5, Wound Certificate issued by the Hosmat Hospital, Bangalore. It is also his case that he took treatment for a totally period of 15 days as in-patient and underwent two surgeries on his face and the Doctor has assessed the whole body disability at 54%. It is his further case that due to the said injuries, he has spent considerable amount towards conveyance nourishing food and attendant charges apart from medical expenses and therefore, he has to be compensated reasonably.