SRI B.Y. MOHAN S/O B.N. YOGENDRA KUMAR AGED ABOUT 42 YEARS R/O DOOR NO.20/1 CV ROAD, B.M. EXTENSION MYSORE Vs. MR. ALLAHBAKSH K. SANAULLA S/O K. SANAULLA DRIVER, AGED ABOUT 44 YEARS DOOR NO.7, 8TH CROSS OLD NEHRU ROAD GUDDADAHALLI, VINAYAKANAGAR BANGALORE

JUDGEMENT

(1.) These appeals arise against the judgment and award dated 14.02.2014 passed by the 2nd Addl. District and Sessions Judge and MACT, Mysore in MVC No.1169/2010.

(2.) MFA No. 3732/2014 is the claimants appeal and MFA No. 5363/2014 is the appeal of the insurance company. In both these appeals, the 2nd respondent is the driver and the 3rd respondent is the owner of the offending vehicle. Before the Tribunal, the driver, the owner and the insurance company were arrayed as respondent nos. 1, 2 and 3 respectively. For the purpose of convenience, the parties will be referred to hereafter with their ranks before the trial Court

(3.) The claimant filed MVC No. 1169/2010 before the Tribunal alleging that on 20.07.2005 at 3.00 PM when he was returning from Bangalore to Mysore in his Omni KA-09/N-836 after attending his business at Bangalore near Chatrada Doddi on Bangalore Mysore Road, the 1st respondent drove his sand loaded lorry No.KA-05-A-459 in a rash and negligent manner and hit against the claimant's vehicle and caused the accident. The claimant alleged that in the accident he suffered grevious injuries and his vehicle totally damaged. The claimant further contended that he was shifted to Ramnagara Government Hospital where he got preliminary treatment and then he was shifted to Manipal Hospital. He contended that he was treated as indoor patient for one month and suffered amputation of his right lower limb and other injuries causing 80% disability. He contended that since he lost his consciousness immediately after the accident and due to his long hospitalization he could not file the complaint but, in the meantime another person had filed a complaint against himself and after recovery, he filed PCR No. 76/2005 wherein the 1st respondent was convicted. Thus, he claimed compensation of Rs. 1,35,00,000.00 under different heads.