IN THE HIGH COURT OF KARNATAKA AT BANGALORE
S.N. Satyanarayana, J.
Principal, St. Mary's Convent —Appellant
Vs.
G. Venkateshwaralu, United India Insurance Co. Ltd. and Srinivas —Respondent
AND
Shri. G.V. Venkateshwaralu and Smt. Vijay Kumari —Appellant
Vs.
United India Insurance Co. Ltd. by its Manager, Shri. Srinivas and The Principal, St. Mary's Convent —Respondent
Miscellaneous First Appeal Nos. 9669 of 2008 and 2466 of 2009
Decided on : 14-02-2013
S.N. Satyanarayana, J.—These three appeals arise out of common accident. Two claim petitions were filed separately, one by Sri. G. Venkateshwaralu in MVC No. 3190/2007 and another by Sri. G. Venkateshwaralu and Smt. Vijay Kumari, W/o Sri. G. Venkateshwaralu in MVC No. 2495/2007. Brief facts leading to these appeals are that on 07.11.2006 at about 4.25 p.m., claimant in MVC No. 3190/2007 namely Sri. G. Venkateshwaralu was riding his TVS Moped bearing No. KA-04/EL-8647 along with his minor child Mamatha as pillion on the said TVS Moped. He was on the way home to bring his child Mamatha from school. On the way said TVS Moped was hit by Motor Cycle bearing No. KA-04/EQ-8904 resulting in rider of the Motor Cycle and the child which was travelling on the TVS Moped falling down. At that time bus belonging to St. Mary's Convent of T. Dasarahalli bearing registration No. KA-02/C-7718 came in the same direction, hit the Moped which had fallen down, thereby causing the death of minor child and injuries to rider of Moped. Hence two claim petitions came to be filed, one by the rider of the Motor Cycle, which is numbered as MVC No. 3190/2007 filed seeking compensation for the injuries suffered by Sri. G. Venkateshwaralu. Similarly, the parents of deceased minor child filed claim petition seeking compensation for the death of minor child in MVC No. 2495/2007, both claim petitions were heard separately.
2. In both claim petitions, first and second respondents were, insurer and owner of Motor Cycle which caused the accident, i.e., Motor Cycle bearing No. KA-04/EQ-8904. So far as third respondent is St. Mary School of T. Dasarahalli, which is the owner of school bus bearing No. KA-02/C-7718. On appreciation of oral and documentary evidence available on record, the Tribunal partly allowed both the claim petitions. In MVC No. 2495/2007 filed by parents of deceased Mamatha compensation was awarded in a sum of Rs. 1,80,000/- payable with interest at 6% p.a., from the date of petition till realisation and the liability to pay the said compensation is apportioned in the ratio of 50% on second respondent, owner of Motor Cycle bearing No. KA-04/EQ-8904 and the remaining 50% on third respondent - school, which is the owner of bus bearing No. KA-02/C-7718.
3. Similarly the claim petition which was filed by the rider of TVS Moped in MVC No. 3190/2007 was also partly allowed awarding compensation in a sum of Rs,84,080/- payable with interest at 6% p.a., from the date of petition till realisation and liability to pay the same was saddled on the owner and insurer of Motor Cycle bearing No. KA-04/EQ-8904 at 75% and on the owner of the school bus of St. Mary's Convent at 25%. Being aggrieved by the Judgment and Award in both the claim petitions so far as it pertains to awarding 50% of liability in MVC No. 2495/2007 and 25% of liability in MVC No. 3190/2007, two appeals came to be filed in MFA No. 285/2009 (MVC No. 2495/2007) and MFA No. 9669/2008 (MVC No. 3190/2007) by third respondent - school.
4. Simultaneously another appeal came to be filed by the parents of deceased minor child, who are claimants in MVC No. 2495/2007 seeking enhancement of compensation, which is in MFA No. 2466/2009. Though the claim petitions were heard by different MACT of Bangalore, both the appeals filed by the School and also the claimants in MVC No. 2495/2007 are taken up together for disposal in the presence of counsel appearing for claimants in both the claim petition before the Tribunal and also counsel appearing for respondent Nos. 1 to 3 in the said proceedings.
5. Heard the counsel for appellant and respondents in all the appeals. Perused the Judgment impugned in both the claim petitions with reference to pleadings, oral and documentary evidence available on record. On going through the same, it is seen that the accident is not in dispute. It is further not in dispute that at the relevant time of accident, G. Venkateshwaralu was riding TVS Moped along with the deceased min
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