ABDUL GAFOOR Vs. VENKATESH E

JUDGEMENT

(1.) The claimant and the insurer being aggrieved by the common judgment and award dated 17.10.2016, passed in MVC Nos.01/2015 and 02/2015, by MACT-II, Ballari , have filed these appeals.

(2.) It is the case of the claimant before the tribunal that on 25.12.2013 at about 7.30 p.m., the petitioner in MVC.No.2/2015 was driving the lorry bearing Registration No.CTR-7000 slowly, cautiously and on the proper side of the road and when the lorry reached near Kalapataru Petrol Bunk on Ballari-Bengaluru road, D.Hirehal Anathapur District, Andhra Pradesh, at that time the respondent No.1 being the driver of the lorry bearing Registration No.KA-16/B-988 came from opposite direction in a high speed and in a rash and negligent manner and dashed to the lorry of the petitioner in MVC No.2/2015 and due to the same petitioner in MVC No.2/2015 sustained grievous injuries and the lorry bearing registration No.CTR-7000 belonging to the petitioner in MVC.No.1/2015 sustained extensive damages. Therefore, the petitioner filed the claim petition in MVC No.1/2015 seeking compensation of Rs. 4,74,000/- in respect of damages to his lorry and filed claim petition in MVC.No.2/2015 seeking compensation of Rs. 10,50,000/- for the injuries sustained in the said accident against the Lrs. of the deceased driver, owner and insurer of the offending vehicle.

(3.) The petitioner in MVC.No.2/2015 has stated in the claim petition that he was quite strong, hale and healthy prior to the accident and he was aged about 50 years and he was driver cum owner of the lorry bearing Reg.No.CTR-7000 and was earning Rs. 25,000/- per month and he was contributing the same for the maintenance of his family. Due to the accidental injuries he has became disabled and he is not in a position do any kind of work.