P MUNIRATHNAM S/O PAPAIAH; NEW INDIA ASSURANCE CO LTD, NEW INDIA ASSURANCE CO LTD Vs. ASMATH W/O SABJANSAB, NEW INDIA ASSURANCE CO LTD; P MUNIRATHNAM S/O PAPAIAH, ASMATH W/O SABJAN SAB

JUDGEMENT

(1.) Petitioners in MVC No. 5526 on the file of Motor Accident Claims Tribunal (SCCH-10), Bangalore City, is the appellant in MFA 8165/2006. Respondent-2 in the said claim petition is the appellant in MFA 7330/2006. In both these appeals, the judgment and award dated 15.2.2006 passed by Motor Accident Claims Tribunal, awarding compensation of Rs. 1,99,022.00 with interest at 6% p.a., has been questioned. Grievance of the appellant In MFA 8165/2006 is that, the amount awarded is not just compensation and that, he is entitled to be awarded a compensation of Rs. 7,00,000.00 as claimed in the claim petition. On the other hand, the grievance of the Insurance Company in MFA 7330/2006 is against the very awarding of compensation of Rs. 1,99,022.00 in favour of the petitioner. Since the appeals arise from one and the same judgment and award, they are taken up together for consideration.

(2.) For the sake of convenience, the parties would herein after be referred to, with reference to the rank in the claim petition before Motor Accident Claims Tribunal.

(3.) Brief facts which led to the claim are: On 8.4.2004 at about 4.40 p.m. when the petitioner was moving on a motor cycle bearing Registration No. KA-05-EF 7880 on Bagepalli - T.B. Cross Main road, near Byraweshwara Temple, the driver of goods tempo bearing Registration No. KA-07 1912, who was driving the said vehicle in high speed, in rash and negligent manner, without giving any signal, abruptly stopped the vehicle on the said road. In view of the same, the petitioner went and dashed the motor cycle against the goods tempo and sustained injuries over his body. Petitioner who was aged about 38 years as on the date of accident, is a Police Constable, working in Gudibanda Police Station. Bagepalli police registered a case relating to the said accident in Crime No. 49/2004 under Sections 279 and 338 IPC. Immediately after the accident, due to the sustaining of injuries, the petitioner was taken to hospital for treatment. He took treatment at Minto Hospital, Lions Nethralaya and Narayana Nethralaya. He has incurred expenses for obtaining of treatment and other related expenditure. Having sustained partial permanent disability on account of loss of his left eye and vision power of right eye having also diminished, he filed the claim petition under Sec. 166 of Indian Motor Vehicles Act, 1988, against the respondents claiming compensation of Rs. 7,00,000.00 with interest. The 1st and 3rd respondents, despite service of notice, did not appear and were placed ex-parte. 2nd respondent contested the claim petition by fling the written statement denying all the averments made in the claim petition. It was contended that, the accident was not on account of any actionable negligence on the part of the driver of the vehicle KA-07-1912 and the alleged accident was due to the negligence of the petitioner or due to contributory negligence on his part. Hence, it is not liable to pay any compensation.