MAHADEVAPPA Vs. NATIONAL INS CO LTD

JUDGEMENT

(1.) The claimants have preferred these two appeals against the common judgment and award dated 17.09.2011 in MVC Nos.258 and 259 of 2011 on the file of the Presiding Officer, Fast Track Court at Channarayapatna, by which, the liability is saddled on the first respondent owner of the motor cycle bearing registration No. KA-13/S-9257.

(2.) Since both the appeals arise out of common judgment and award and common question would arise for consideration, they are taken up together and disposed of by this common judgment.

(3.) The claimants filed claim petitions under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for the injuries sustained by them in a road traffic accident that occurred on 24.12.2008. On 24.12.2008, at about 8.30 a.m., when the petitioners were near Bhagath Singh Auto Stand at KSRTC bus stand, Channarayapatna, the rider of the motor cycle bearing registration No.KA-13/S-9257 came in a rash and negligent manner and dashed to them. Due to which, they sustained grievous injuries. It is stated that they have undergone treatment at Government Hospital at Channarayapatna as inpatient for about 20 days.