BRANCH MANAGER, NATIONAL INSURANCE CO. LTD. Vs. SIDDAPPA

JUDGEMENT

(1.) THESE appeals are directed against the judgment and award dated 23.07.2007 made in M.V.C. Nos. 2636 and 2639 of 2003 passed by the Additional Motor Accident Claims Tribunal, Saundatti, (for short 'the Tribunal').

(2.) M .F.A. Nos. 2494 and 2495 of 2008 are filed by the National Insurance Co. Ltd., challenging the judgment and award of the Tribunal insofar as directing them to pay the compensation and thereafter recover the same from the insured, whereas M.F.A. Nos. 1796 and 1797 of 2008 are filed by the claimants being aggrieved by the quantum of compensation awarded and also challenging fastening of the liability on the owner of the vehicle and directing the insurer to compensate the claimants and recover the same from the owner of the vehicle.

(3.) APPELLANT -Siddappa (in MFA No. 1796/2008), since minor represented by his father -Mahadevappa Kuri, had filed claim petition, MVC No. 2636/2003, contending that on 12.09.2003, at about 11.00 a.m., while he was sitting by the side of the road, the rider of the motor cycle bearing registration No. KA -24/E -9215 riding the motor cycle in a rash and negligent manner, while negotiating a curve, lost control over the same and dashed against him. Due to the said accident, he sustained grievous injuries, took treatment for the fracture of limb of right forearm, left hand wrist and spent huge money and also lost his education. Therefore, he sought for compensation of Rs. 7,75,000/ -.