CHIDANANDAPPA Vs. SHRI, MALLIKARJUNA, TEMPO SALES AND SERVICE

JUDGEMENT

(1.) Mfa No.25418 of 2011 and MFA No.23699 of 2010 have been preferred by the appellants/claimants being aggrieved by the judgment and award dated 25.10.2010 and 01.03.2010 passed by the Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal, Haveri and the District Judge, MACT(Fast Track), Haveri, in MVC No.20 of 2002 and MVC No.342 of 2009(old No.21 of 2002) respectively.

(2.) Heard. The appeals are admitted and with the consent of the learned counsel for the parties, they are taken up for final disposal.

(3.) Brief facts of the case are that on 01.09.2000 at about 30 a.m., the petitioners were traveling in a tempo trax bearing registration No.MKE/TA/2495 and when the said tempo came near Motebennur, due to the rash and negligent driving, the driver lost control over the vehicle and dashed to a road side tree. As a result of the same, the inmates including the petitioners sustained injuries. In this behalf, a case was registered in Crime No.108 of 2000 in Byadagi Police Station. The petitioners were shifted to C.J. Hospital, Davangere and thereafter they took treatment in NIMHANS hospital, Bangalore, and other hospitals. For having sustained injuries, they filed claim petitions under Section 166 of the Motor Vehicles Act, 1988, seeking compensation.