IRANNA Vs. SHIVAJI

JUDGEMENT

(1.) The claimants in M.V.C. No. 151/2011 and M.V.C. No. 152/2011 on the file of the learned Prl. Sr. Civil Judge & AMACT, Hubli (hereinafter referred to as the Tribunal), are impugning the common judgment and award dtd. 30/8/2012 awarding compensation of Rs.48,940.00 and Rs.67,760.00 respectively, with interest at 8% p.a. from the date of petition till realisation and seeking enhancement of the same by holding that the respondents are liable to pay the entire amount of compensation.

(2.) Brief facts of the case are that the claimants have filed claim petitions u/s 163- A of the Motor Vehicles Act (for short 'Act') claiming compensation from respondent nos.1 and 2 contending that on 22/1/2010 the claimant in M.V.C. No. 152/2011 as rider and the claimant in M.V.C. No.151/2011 as pillion rider of the motorcycle bearing reg. no. KA-25-EF-2985 were proceeding towards Savadatti. At that time, the lorry bearing reg. no. MH-12-AR-2158 which was going in front of the motorcycle taken it to the extreme right side, while the rider of the motorcycle was overtaking the same. As a result of which both the claimants sustained injuries. It is stated that they have suffered permanent disability. Therefore, they are entitled for compensation.

(3.) On the basis of these pleadings, the Tribunal framed the following issues. In M.V.C.NO.151/2011: