RENUKA MAHABALESHWAR BHAT Vs. AZEEZ RAHMAN

JUDGEMENT

(1.) Though these appeals are listed for admission, with the consent of learned counsel for the parties, they are taken up for final disposal.

(2.) MFA No.102120/2016 is filed by the claimants challenging the contributory negligence to an extent of 40% saddled on the deceased as well as seeking enhancement of compensation, whereas, the insurance company is also in appeal in MFA No.102901/2015 challenging the liability as well as quantum of compensation awarded under judgment and award dtd. 18/4/2015 passed in MVC No.5/2013 by the Addl. MACT, Sirsi (for short, 'Tribunal').

(3.) Brief facts leading to filing of these appeals are that on 6/7/2012, one late Mahabaleshwar Krishna Bhat, being the rider of motorcycle bearing registration No.KA-31/J-9818 was proceeding near KHB colony on Sirsi-Hubli road. Truck bearing registration No.KA-30-3522 was parked in a dangerous manner without indication of signal. At that time, it was raining and the deceased could not see the truck, which was negligently parked without any signal and he dashed to the truck from its behind. As a result, the said Mahabaleshwar Krishna Bhat fell down and sustained severe injuries to his head, legs, hands and other parts of the body. Immediately, he was shifted to TSS Hospital, Sirsi and in spite of best efforts of the doctor, he succumbed to the injuries. It is averred that the deceased Mahalbaleshwar was aged about 57 years, working as Music teacher and earning Rs.3,300.00 per month.