HANUMANTHAPPA Vs. B.V. SHIVAKUMAR AND ORS.

JUDGEMENT

(1.) The appeal and cross objection have arisen out of the judgment and award dated 3.11.2009 passed by the MACT-V, Court of Small Causes, Bangalore in MVC 1795/2008. MFA 8704/2009 is filed by the claimant Hanumanthappa and MFA CROB 106 is filed by the insurer-M/s.Bajaj Allianz Gen.Ins.Co.Ltd. of the lorry bearing No.KA-40-1254. Appeal filed by the claimant is one for enhancement of the compensation.

(2.) The claimant had sustained injuries in a road traffic accident which occurred on 14.1.2008 at about 2.00 a.m. when he was traveling in the lorry bearing No.KA-40-1254 as a cleaner. Hence, he had filed a claim petition under Section 166 of MV Act before the Tribunal seeking compensation. The Tribunal has awarded compensation of Rs.3,24,400/- with interest at 6% p.a. and directed the owner and insurer of the offending lorry bearing KA-40-1254 to pay compensation to the claimant jointly and severally. Aggrieved by the same, the present appeal and cross objection are filed.

(3.) According to the claimant, both the vehicles i.e., lorry bearing KA-40-1254 and tipper lorry bearing No.OR-02-B- 4520 were involved in the accident and he is stated to have sustained injuries in the accident and suffered serious physical disability which has come in the way of his future earning. He is stated to have spent sufficient amount towards treatment. Mr.Shivakumar is the owner of the said lorry bearing KA-40-1254 and M/s.Bajaj Allianz Gen. Insurance Co. is the insurer of the said lorry. Govind Raj is the owner of the tipper lorry bearing OR-02-B-4520 and M/s. ICICI Lombard is the insurer of the said tipper lorry.