SHIVAPPA Vs. SAYYED RASUL AND ANOTHER

JUDGEMENT

(1.) In these appeals the common judgment and award passed by the I Addl. Senior Civil Judge and MACT No. VI, Bijapur (hereinafter referred to as 'Tribunal') on its file in M.V.C. Nos. 1130/2011 and 1131/2011 is under challenge. The appellants are the claimants who are dissatisfied by the quantum of the compensation awarded in their favour.

(2.) Briefly stated, each of the claimants filed, a claim petition under Section 166 of the Motor Vehicles Act, 1986 (for brevity 'the Act') seeking compensation in respect of the Injuries suffered by them during a vehicular accident dated 05.05.2011, involving the motor cycle, on which they were proceeding and also offending vehicle piaggio auto rickshaw bearing Reg. No. KA-28-A-6627. Their case was, the offending vehicle came from opposite direction in a zigzag manner with high speed and the driver lost control over the vehicle and dashed to the motor cycle and both rider and pillion rider fell on the ground, sustained grievous injuries. They were shifted to BLDEA Hospital, Bijapur for treatment. Each of them were working as coolie and was earning Rs. 7,500/- per month.

(3.) The claim petitions were contested by the Insurer and it was contended that the claim petitions cannot be maintained without arraying the owner and insurer of the motor cycle on which claimants were proceeding. The rider of the motor cycle himself was negligent in riding his motor cycle and thus guilty of contributory negligence. Enquiry was held and both parties adduced their evidence and the Tribunal has computed the compensation both by assessing the income of each of the injured at Rs. 4,500/- per month. Thus awarded Rs. 92,400/- in favour of Suresh-rider of the vehicle/the claimant in M.V.C. No. 1131/2011 and Rs. 3,64,080/- in favour of Suresh/pillion rider and claimant of MVC No. 1130/2011. However, observed that the injured were found to have consumed alcohol, when they were taken to the hospital, end fixed the contributor negligence at 20% on each of them am 80% against the driver of the offending vehicle and the 80% of compensation amount is ordered to be paid to each o the claimants jointly and severally by the owner and insurer of the offending vehicle.