DEVARAJU T. Vs. UNITED INDIA INSURANCE COMPANY LTD.

JUDGEMENT

(1.) These two appeals are directed against the judgment and award in MVC No. 565/2011 dated 06.03.2012 on the file of the Principal, MACT and Chief Judge, Court of Small Causes, Bangalore. MFA No. 1049/2013 is filed by the claimant - T. Devaraju seeking enhancement of compensation. The connected appeal MFA No. 6922/2012 is filed by United India Insurance Company Ltd., challenging not only the liability but also quantum of compensation.

(2.) MVC. No. 565/2011 was filed by the claimant seeking compensation on account of the injuries said to have been sustained by him in a motor vehicle accident occurred on 13.12.2010. According to him he was riding a Hero Honda Splendor Plus motor cycle bearing Registration No. KA-06-EC-5429 on NH-4 Tumkur-Bangalore Highway. The lorry bearing registration No. TN-34-K-5621 was parked by the side of the road without any signal or indicator. Since the parking of the lorry was not visible, the motor cycle ridden by the claimant dashed against the lorry on the rear side causing grievous injuries to him. Immediately, he was shifted to Harsha Hospital, Nelamangala. Thereafter, he was shifted to Nimhans and later to Narayana Nethralaya. According to him he had spent a huge amount towards medical expenses. He has claimed a total compensation of Rs. 15,00,000/-.

(3.) The respondent - insurance company has filed its written statement. On the basis of the pleadings of the parties, the Court below has framed the following issues: