RAGHAVENDRA Vs. SHOUKATH

JUDGEMENT

(1.) Both these appeals arise out of the judgment and award dtd. 3/9/2019 in MVC.No.90/2015 passed by the I Additional Senior Civil Judge and C.J.M., & Additional Mact- VII, Shivamogga (for short 'Tribunal').

(2.) MFA.No.681/2020 is filed by the insurer and MFA.No.640/2021 is filed by the claimant. Hence, both the appeals are taken up together for disposal.

(3.) The brief facts of the case are that, on 15/9/2013 at about 1.30 p.m., the claimant was traveling as a pillion rider on his motor cycle bearing registration No.KA-14-CE-2854 and his friend one Annappa was riding it. They met with an accident opposite to Eshwara Temple, Arakere, Shivamogga, due to rash and negligent riding of the motor cycle bearing registration No.KA-14-EB-7825 (for short offending vehicle). As a result, both the rider and the pillion rider fell down and sustained injuries. The claimant being pillion rider suffered permanent disability due to the injuries sustained in the accident. With these reasons, he prayed to award compensation of Rs.28,00,000.00.