MOHAMMED BILAL Vs. CHETAN K S

JUDGEMENT

(1.) THESE two appeals by the two individual injured claimants are directed against the impugned judgments and awards, both dated 26th October 2011, passed in MVC Nos.1754/2008 & 1755/2008, by the Senior Civil Judge & J.M.F.C., Additional Motor Accident Claims Tribunal, Kunigal, (for short, 'Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs. 3,95,000/ - & Rs. 1,71,000/ - respectively awarded in their favour as against their respective claims for Rs. 50,00,000/ -, & Rs. 10,00,000/ - is inadequate.

(2.) THE claimant/appellant in M.V.C.No.1754/2008 (M.F.A.No.977/2012) claims to be aged about 20 years and doing optical works and coconut business, earning a sum of Rs. 1,000/ - per day or Rs. 30,000/ - per month and also distributing the optical to the different Hospitals and shops. He was hale and healthy prior to the date of accident.

(3.) THAT at about 6:15 A.M., on 02 -10 -2008, when the claimant/appellant in both these appeals were travelling towards Turuvekere from Kunigal on TVS Appache Motor bike bearing Registration No.KA -03/EX - 5346, near Bidanagere, at Thopegowdanapalya, on the left side of NH -48 Road, Kunigal Town, they met with an accident, on account of rash and negligent driving by the driver of a Tata Indigo Car bearing Registration No.KA -06/M -5424. Due to the impact, both the claimants/appellants sustained grievous injuries. Immediately, they were shifted to the Hospital, where they took treatment for the accidental injuries.