CHANDRA NAIK R. K. Vs. RAVI S. R.

JUDGEMENT

(1.) These appeals are filed by the claimants under Sec. 173(1) of the Motor Vehicles Act, (for short, 'the Act') being aggrieved by the judgment and award dtd. 1/3/2018 passed by the Additional Motor Accidents Claims Tribunal and Addl. Senior Civil Judge, Ramanagara (for short, 'the Tribunal') in MVC Nos.685/2014 and 683/2014. Since the challenge is to the same judgment, both the appeals are clubbed together, heard and common judgment is being passed.

(2.) Facts giving rise to the filing of the appeals briefly stated are that on 10/9/2014 at about 11.30 a.m., the claimants were proceeding on a motorcycle bearing registration No.KA-52/E-8422 near Sabbakere, Ramanagara-Kanakapura road. At that time, a canter bearing registration No.KA-02/AE-866 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the vehicle in which the claimants were proceeding. As a result of the aforesaid accident, the claimants sustained grievous injuries and were hospitalized.

(3.) The claimants filed petitions under Sec. 166 of the Act seeking compensation. It was pleaded that they have spent huge amount towards medical expenses, conveyance, etc. It was further pleaded that the accident occurred purely on account of the rash and negligent driving of the offending vehicle by its driver.