BUJJIBABU Vs. J. VENKATESHWARULU

JUDGEMENT

(1.) The appellants in these two appeals are claimants challenging the legality and correctness of judgment and a war 30.06.2011 made in MVC No. 4879/2008 and MVC No. 4880/2008 passed by the XX Additional Judge and XVIII ACMM, Motor Accident Claims Tribunal, Bengaluru (hereinafter referred to as 'the Tribunal' for short) dismissing the claim petition filed by them.

(2.) These two appeals had arisen out of the accident occurred on 15.05.2008. Hence, two separate claim petitions have been filed. The Tribunal has passed two different orders. Hence, both appeals clubbed together and disposed of by this common judgment.

(3.) The appellant in MFA No. 1734/2012 is a pillion rider and appellant in MFA No. 1735/2012 is a rider of the motor cycle. On 15.05.2008, while they were proceeding in a motor cycle bearing registration No. KA-01-ED-6478 on Sira-Hiriyur Road, on NH-4 Road, when they reached Thavarekere, at about 11:45 a.m, a mini lorry bearing registration No. AP-02-W-7957 driven by its driver with a high speed and in a rash and negligent manner dashed against the motor cycle from behind. Due to that, a rider as well as pillion rider fell down and sustained grievous injuries. Immediately after the accident, the injured persons were shifted to the Government hospital at Thavarekere. After first aid treatment they were shifted to Amruth Orthopaedic Center, Bangalore for further treatment. Prior to the accident, the claimants were working at Madura Garments and earning Rs. 5,300.00 per month. In view of the injuries sustained, they have become permanently disabled to do the work as they were doing prior to the accident. Hence, they sought for compensation of Rs. 5 Lakhs each.