RAJESHWARIVARAPRASAD Vs. NAWAZ PASHARAMAKRISHNA

JUDGEMENT

(1.) These appeals are directed against the common impugned judgment and award dated 30.5.2011 passed by the Chief Judge, Court of Small Causes and Prl.MACT, Bengaluru, in MVC.Nos.9339 and 9340/2007.

(2.) For the sake of convenience, the parties are referred as claimants and respondents.

(3.) The case of the claimants before the Tribunal is that on 18.05.2007 at about 7.30 p.m. one Rajanna was proceeding on a motor cycle bearing Regn.No.KA.04/EB.5499 along with one Ramakrishna as a pillion rider on Karehalli-Devanahalli road. When they reached near Neelari Road near Ganesh Temple, lorry bearing Regn.No.KA.30/3174 came in the same direction and dashed against their motorcycle from behind. As a result of the impact, they fell down along with their motor cycle and sustained grievous injuries. Rajanna, the rider of the motor cycle died on the way to Devenahalli Government Hospital, whereas Ramakrishna, injured survived after proper treatment. Hence, the legal representatives of deceased Rajanna filed MVC.No.9339/2007 claiming compensation of Rs.10 Lakhs and the injured Ramakrishna filed MVC.No.9340/2007 claiming compensation of Rs.5 lakhs from the owner and the insurer of the lorry involved in the accident.