RAJENDRA KUMAR Vs. R SHASHIDHAR, MAJOR

JUDGEMENT

(1.) These appeals are filed impugning the judgment and award dated 16.06.2010 in MVC No.2184/2009 on the file of the Motor Vehicles Accident claims Tribunal, Bengaluru City (for short 'Tribunal'). The Tribunal has awarded to the claimant, who suffered injuries in a road accident on 12.03.2009, a total sum of Rs. 1,73,600/- with interest at the rate of 6% per annum from the date of petition till the date of realization.

(2.) The appeal in MFA No.8689/2010 is filed by the Insurer (for shot, 'Insurance Company') of the offending vehicle disputing both its liability and the quantum of compensation awarded by the Tribunal. The appeal in MFA No.3569/2011 is filed by the claimant seeking enhancement in the compensation awarded by the Tribunal.

(3.) The claimant filed the claim petition in MVC No.2184/2009 contending that while he was walking on OTC Road with his wife on 12.03.2009 at about 5.30 a.m., the first respondent, the rider of the Motorcycle bearing KA-04/EX-1720, who was rash and negligent, dashed against the claimant from behind. The claimant suffered fracture in the right wrist joint and other injuries. He was hospitalized with M/s. Srinivasa Hospital on the same day by about 6.00 a.m. He underwent surgery for the fracture suffered in the right wrist joint and he was discharged on 16.03.2009. Therefore, a complaint was lodged with the police on 17.03.2009. The claimant suffered permanent disablement and he is entitled to recover compensation from the respondents because the injuries and the consequential disablement are a result of the actionable negligence by the first respondent in causing the subject accident. The Insurance Company filed its written statement inter alia denying the accident. The Insurance Company specifically contended that the offending motorcycle was not involved in the accident and was falsely implicated in the case.