CARIAPPA. L.A Vs. ABDUL RASHEED

JUDGEMENT

(1.) Though these appeals are posted for Admission, they are taken up for final disposal with the consent of the learned Counsel for the parties. These two appeals respectively by the injured claimant and the Insurer M/s. National Insurance Company Limited, are directed against the same common judgment and award dated 22nd December, 2009, passed in MVC No. 6895 of 2007, by the XIII Additional Small Causes Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-15) (for short, 'Tribunal').

(2.) While the claimant has filed the appeal, seeking enhancement of compensation on the ground that the compensation of Rs. 2,42,800/- awarded by Tribunal is on the lower side; the Insurer has filed the appeal, seeking to fix reasonable negligence on the part of the driver of the Tempo Traveller also.

(3.) The facts of the case as stated in the claim petition are that, at about 10-00 a.m., on the ill-fated day, i.e. on 25-10-2006, when the injured claimant along with others was travelling in a Tempo Traveller bearing Registration No. KA-01/B-4996 insured with M/s. New India Assurance Company, near Thimallipalya Gate, near Yellapura Gate, NH-206, at that time, a Lorry bearing Registration No. KA-16/238 insured with M/s. National Insurance Company Limited, came at a high speed, in a rash and negligent manner and dashed against the Tempo Traveller. Due to the impact, some of the inmates of the Tempo Traveller died and some were severely injured including the injured claimant herein. Immediately, the injured claimant was shifted to Government Hospital, Gubbi and later to Abhaya Hospital and thereafter he took treatment in various other Hospitals.