The main legal point established in the judgment is that the owner-cum-driver, holding a learner's license and accompanied by a person with a valid driving license, was not liable to pay compensation. The court also emphasized the assessment of adequate compensation based on the claimant's injuries and expenses.

These two appeals are directed against the judgment and award in MVC No.5411/2007 dated 11.3.2014 on the file of the Motor Accident Claims Tribunal and XXI Addl. Judge, Court of Small Causes, Bangalore.

2. P. Bharath filed the claim petition MVC No.5411/2007 seeking compensation on account of the injuries sustained by him in a motor vehicle accident occurred on 25.11.2006. It was contended that on the aforesaid date at about 10.10 a.m., he was going to school on his bicycle. When he came near Nagarabhavi main road, Maruthinagar, Bangalore, a car driven by Smt. Asha Datt bearing registration No.KA-03 N-5235 in a rash and negligent manner dashed against his bicycle and caused the accident. He suffered severe head injury and other injuries all over his body because of the accident. He was taken to various hospitals for treatment. He has spent substantial amount towards medical expenses. In all, he has claimed compensation of Rs.20 lakhs.

3. The insurer has filed the written statement contending that its liability is subject to verification of necessary documents like driving licence, permit and the terms and conditions of the insurance policy.

4. Smt. Asha Datt, the owner-cum-driver of the vehicle has filed the written statement contending that she was not driving the car in a rash and negligent manner. It is contended that at the time of the accident, the claimant was riding his bicycle in a rash and negligent manner. He tried to overtake the car from the left side. Because of the narrow space and uneven surface of the road, the claimant lost the balance and fell down sustaining injuries.

5. On the basis of the pleadings of the parties, the Tribunal has framed the following issues:

“(1) Whether petitioner proves that on 25.12.2006 at 10.10 a.m. on Nagarbhavi Main Road, Opp. Shanthi Motors, Maruthi Nagara, Bangalore, he being the rider of the bicycle had met with an accident due to rash or negligent driving of the car, bearing Regn.No.KA-03 N-5235 by its driver and he sustained injuries in the accident as averred?

(2) Whether the petitioner is entitled for compensation and if so, what amount and from whom?

(3) What order and award?”

6. The father of the claimant was examined as P.W1 and a witness was examined as P.W2 and documents at Ex.P1 to Ex.P37 were marked in their evidence. On behalf of the respondents, three witnesses were examined as R.W1 to R.W3 and documents at Ex.R1 to Ex.R7 were marked in their evidence. The Tribunal dismissed the claim petition against the first respondent-insurer and awarded compensation of Rs.60,000/- to the claimant by fastening the liability on the owner-cum-driver. The claimant challenged the said award by filing an appeal MFA No.7071/2010. The owner of the vehicle filed an appeal challenging the said judgment and award in MFA No.9128/2012. This Court allowed the appeals in part on 10.4.2013 and remanded the matter to the Tribunal for fresh consideration in accordance with law. The Tribunal was directed to provide an opportunity to the parties to lead additional evidence. After remand, claimant got himself examined as P.W3 and a witness was examined on behalf of the claimant as P.W4 and six additional documents were marked through them at Ex.P40 to Ex.P45. RW3 was recalled and two documents were marked in his evidence as Ex.R8 and Ex.R9. The Tribunal on appreciation of the materials on record, allowed the claim petition only against the owner. The claim petition against the insurer was dismissed. The owner was directed to pay a total compensation of Rs.6,37,937/- with interest at 6% per annum from the date of the petition till the date of realisation.

7. The owner of the vehicle has filed MFA No.3773/2014 challenging the judgment and award in so far as directing her to pay the compensation determined by the Tribunal. The claimant has filed the connected appeal MFA No.4311/2014 see