SYED SADIQ Vs. DIVISIONAL MANAGER, UNITED INDIA INS. CO.
LAWS(SC)-2014-1-28
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on January 16,2014

SYED SADIQ Appellant
VERSUS
Divisional Manager, United India Ins. Co. Respondents

JUDGEMENT

V.GOPALA GOWDA, J. - (1.) LEAVE granted.
(2.) THIS appeal is filed by the appellants questioning the correctness of the common judgment and final order dated 31.10.2011 passed by the High Court of Karnataka at Bangalore in M.F.A. No. 1131 of 2011 [MV], C/W M.F.A. Nos. 1132 and 1133 of 2011 [MV], urging various facts and legal contentions in justification of their claim. Necessary relevant facts are stated hereunder to appreciate the case of the appellants and also to find out whether the appellants are entitled for the relief as prayed in these appeals. On 14.8.2008, all the three appellants/ claimants in the appeals herein were proceeding on the left side of the road by pushing the motorcycle bearing Registration no. KA -16 -2404 since it was punctured. When the appellants/ claimants came near the Coper Petrol Bunk, opposite to Jai Hind Hotel, a tractor bearing no KA -16/T -8219 -8220 came from the opposite direction on its right side in rash and negligent manner and dashed into the motor cycle and the appellants/claimants. This resulted in all the appellants/claimants sustaining grievous injuries.
(3.) THEY filed MV Case Nos. 149, 147 and 148 of 2010 respectively before the Motor Accident Claim Tribunal, Chitradurga (for short 'the Tribunal'). The Tribunal awarded different awards in the three different appeals which had been heard together by the High Court of Karnataka. Since the injuries suffered by the three appellants are different, we are inclined to decide upon the appeals individually. As far as injuries sustained by the appellants in the road accident are concerned, there is no dispute that the accident occurred on 14.02.2008 due to the rash and negligent driving of the tractor -trailer bearing registration No. KA -16/T -8219 -8220 by its driver. The appeals therefore, are confined to determining whether the quantum of compensation which was enhanced by the High Court from that of the Tribunal is just and proper or whether it requires further enhancement in the interest of justice. We take up the appeals one at a time. Civil Appeal @ MFA 1131/2011 (MVC No. 149/ 2010);


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