THAMMAIAH Vs. MANAGER

JUDGEMENT

(1.) THESE appeals by the claimants -appellants are directed against the impugned common judgment and award dated 05/05/2011, passed in MVC Nos.180/2011 & 171/2011, by the Presiding Officer, Fast Track Court, Channarayapatna, (for short 'Tribunal'), for enhancement of compensation, on the ground that, the compensation of Rs. 40,000/ - & Rs. 2,05,000/ - awarded by the Tribunal under different heads as against the claim of Rs. 2,00,000/ - & Rs. 10,00,000/ -, on account of the injuries sustained by the appellants in the road traffic accident, is inadequate.

(2.) THE brief facts of the case are: That on 23.1.2009 at about 11.00 p.m. the appellant Soorachar was going on a bullock cart belonging to appellant - Thammaiah along with coconuts for selling the same in Channarayapatna Shandy and when he came near Dattatreya TCH College, they met with an accident due to actionable negligence on the part of the driver of the Lorry bearing No.KA.01.A.7815. Due to which, both the appellants have sustained grievous injuries and also sustained extensive damages to the bullock cart and the bullocks tied to the same. Immediately, appellants were shifted to Government Hospital, Channarayapatna and they have taken treatment in different hospitals and thereafter, on the advise of the Doctors, they have taken bed rest and follow up treatment.

(3.) IT is the further case of the appellants that, they have spent considerable amount towards medical expenses and other incidental charges and on account of the injuries sustained by them, they have suffered permanent disability. Therefore, they have filed claim petitions before the Tribunal under Section 166 of M.V.Act, claiming compensation against the respondents.