SHIVALINGA KKAR Vs. JOAQUIM PARIES

JUDGEMENT

(1.) The judgment and award dated 28.1.2009 passed in M.V.C.No.1026/2002 by the II Additional District Judge, Member, MACT-III, Dakshina Kannada, Mangalore ('the Tribunal' for brevity), is under challenge in both the appeals. While the claimant is seeking to enhance the compensation amount in M.F.A.No.2080/2009, the owner of the vehicle/appellant in M.F.A.No.3662/2009 is challenging the liability to indemnify the injured claimant and also questioning proportionality of compensation as exorbitant.

(2.) Claim petition under Section 166 of the Motor Vehicles Act was filed by the claimant before the Tribunal claiming compensation in respect of the injury sustained by him in the road traffic accident. His case was, on 22.4.2002 at 4.00 p.m., he was riding his Bajaj Caliber bearing registration No.KA-19/K-2862 and stopped at the signal point. At that time, the respondent/owner came in his motor bike bearing registration No.KA-19/H-3900 from behind in a rash and negligent manner and dashed his vehicle from behind. Due to the impact, the Bajaj Caliber was thrown out of the road and was damaged. The claimant suffered fracture of right elbow and other injuries to his person.

(3.) The owner contested the claim. His case was, the claimant himself was negligent in moving the Bajaj Caliber backward without seeing the behind vehicle, which resulted in the accident. The claimant himself was rash and negligent in driving his motor cycle, since he was drunk at that time.