TESERING DORGEE Vs. ABDUL KHALIK

JUDGEMENT

(1.) These appeals are directed against the common judgment and award dated 22.01.2011 rendered by the Tribunal in MVC No.1077/2009 pertaining to MFA No.9393/2011, MVC No.1078/2009 pertaining to MFA No.9394/2011, MVC No.1079/2009 pertaining to MFA No.9395/2011 and MVC No.1080/2009 pertaining to MFA No.9396/2011. Being not satisfied with the quantum of compensation awarded by the Tribunal, the appellants/claimants are before this Court in these appeals.

(2.) The factual matrix of the appeals is that on 21.02.2009 at about 6.00 p.m. on B.M.Road, near Kothegala gate in Hunsur Taluk, while the claimants were going in the Maxi Cab bearing Regn.No.KA-02-B- 1452 from Periyapatna towards Hunsur, it dashed against the Toyota Innova Car bearing Regn.No.KA-02- MA-2909 which was coming from opposite direction from Hunsur side. As a result, the claimants who were inmates of the Maxi Cab, sustained severe injuries. Immediately thereafter, they were treated at the General Hospital, Hunsur and after first aid treatment, they were shifted to Apollo BGS Hospitals, Mysore and also B.M.Hospital, Mysore wherein they took treatment as inpatients for several days. They have spent huge amount towards medical expenses and incidental charges. Inspite of it, they are not able to recover and are suffering from permanent physical disability and inconvenience. Prior to the accident, all the petitioners were hale and healthy and by avocation were agriculturists and also running sweater business. On all these grounds, the claimants filed separate claim petitions before the Tribunal seeking compensation.

(3.) After service of notice, first and second respondent appeared through their counsel and filed common objection statements. Third respondent insurer also entered appearance through its counsel and filed objection statement denying the petition averments and sought for dismissal of the claim petitions.