DILLEPPA Vs. MAHADEVAPPA

JUDGEMENT

(1.) The appeal is filed by the appellant-insurer and the cross-objection is filed by the cross-objector- claimant against the common judgment and award dated 30th September 2013, passed by the Prl. Senior Civil Judge and AMACT, Ranebennur (for short "the Tribunal") in MVC No.41/2012, whereby the Tribunal has awarded compensation of Rs.3,51,700/- along with interest at the rate of 6% p.a. from the date of petition till its realization from respondent Nos.1 and 2 jointly and severally. Hence, they are clubbed together and common order has been passed.

(2.) For the purpose of convenience, the parties would be referred to as per their ranking before the tribunal.

(3.) Brief facts of the case are that on 29.04.2011 at about 3:30 p.m. the petitioner was proceeding on the motorcycle bearing registration No.KA-27/Q-8035 as pillion rider with his uncle. When they were proceeding on Harmada on Medleri- Chalageri road, a mini goods vehicle bearing registration No.KA-29/4135 driven by its driver in a rash and negligent manner with high speed dashed against the motorcycle. On account of the said accident, the petitioner fell down from the vehicle and sustained grievous injuries on all over the body and sustained fracture of right femur, tibia and fibula. He was shifted to Primary Government Hospital, Ranebennur for treatment and thereafter he was shifted to City Central Hospital, Davanagere, wherein he was took treatment as an inpatient for 20 days. After recovering from injuries, he filed a claim petition before the tribunal in MVC No.41/2012.