NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. MUTTANNA

JUDGEMENT

(1.) M.F.A. Nos.20931/2011 and 20932/2011 are filed by the National Highways Authority of India (henceforth referred to as "Authority" in short) challenging the common Judgment dtd. 30/4/2010 and separate Awards passed by the Sessions Judge, Fast Track Court, Ranebennur (henceforth referred to as "Tribunal" in short) in MVC NOs.133/2006 and 132/2006 respectively, in so far as it relates to the finding of the Tribunal that the accident occurred due to the negligence of the Authority and also the finding that it is liable to pay the compensation determined therein.

(2.) The respective petitioner in MVC Nos.132/2006 and 133/2006 before the Tribunal will henceforth be referred to as 'claimant'. Respondent Nos.1, 2, 3 and 4 before the Tribunal will henceforth be referred to as 'owner', 'insurer', 'Authority' and 'Contractor' respectively.

(3.) The claimant in MVC No.133/2006 was the injured victim while the claimant in MVC No.132/2006 was the father of the deceased Sri Raju Maheshappa Theggin ('Raju' for short), rider of the motorcycle bearing registration No.KA.27/J.8292 (henceforth referred to as 'motorcycle'). In the claim petitions, it is pleaded that on 11/5/2003 at about 11.30 p.m., the deceased Raju was riding the said motorcycle along with two pillion riders, namely, claimant/s in MVC Nos.131/2006 and 133/2006 on National Highway No.4. When they reached Halebathi village on Davanagere-Harihara road, a heavy goods vehicle was driven from the opposite direction with blazing lights on. The rider of the motorcycle was blinded by the light and in an attempt to avoid an accident, moved the motorcycle to the left side of the road, unaware of the fact that the Authority had dug a 10 feet x 10 feet ditch, which was barricaded by blackened drums. He rammed into the drums and fell into the ditch, dying instantaneously while the pillion rider i.e., the claimant in MVC No.133/2006 suffered injuries. Hence, separate claim petitions were filed under Sec. 163A of the Motor Vehicles Act, 1988 (for short, 'the M.V. Act, 1988'). The injured claimant claimed Rs.2,00,000.00, while the dependant/father of the deceased rider of the motorcycle claimed Rs.5,00,000.00 from the owner and the insurer of the motorcycle and the Authority as well as the Contractor who was executing the work.