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)