RAMU @ RAMESH Vs. SHANTAPPA AND ANOTHER

JUDGEMENT

(1.) The judgment and award passed by the II Addl. Senior Civil Judge and Motor Accident Claims Tribunal (hereinafter referred to as the 'Tribunal' for the sake of convenience), Kalaburagi on its file in MVC No. 288/2013, dated 22.06.2015 is under attack in these appeals. By the impugned judgment and award the claimant is awarded compensation of Rs. 1,54,000/- along with interest. MFA No. 201505/2015 is by the insurer challenging its liability to indemnify the owner of the vehicle and also questioning the amount of compensation as exorbitant.

(2.) Briefly stated, the claimant filed a claim petition before the Tribunal under section 166 of Motor Vehicles Act, 1988 (for short 'the Act') contending that on 08.10.2012, while he was proceeding on his motorcycle, the offending vehicle/Bolero Pick up bearing Registration No. KA-32/B-5368 driven by its driver came from backside with high speed and in a rash and negligent manner dashed his motorcycle. Consequently, he fell down and sustained fracture on his right tibia and fibula, fracture of right forearm and other injuries over the vital parts of his body. He was hospitalized for 46 days. Surgery was conducted and rod was inserted at fractured leg. Subsequently, by another surgery, the said rod was removed. He was aged 25 years at the time of the accident and was earning Rs. 15,000/- per month by working as a stone cutter.

(3.) The claim was contested by the owner and the insurer of the vehicle.