The court clarified that in motor vehicle accident cases, the assessment of negligence and compensation must consider both the actions of the claimant and the defendant, and future prospects must be factored into compensation for young claimants with disabilities.

JUDGMENT

1. MFA No.4564/2020 is filed by the Insurance Company and MFA No.221/2021 is filed by the claimant under Sec. 173(1) of the Motor Vehicles Act, (for short, 'the Act') being aggrieved by the judgment and award dtd. 12/2/2020 passed by the Additional District and Sessions Judge, Chamarajanagar (sitting at Kollegal) (for short, 'the Tribunal') in MVC No.360/2014. Since the challenge is to the same judgment, both the appeals are clubbed together, heard and common judgment is being passed.

2. Facts giving rise to the filing of the appeals briefly stated are that on 13/3/2023 at about 6.15 p.m. the claimant was proceeding in a motorcycle bearing registration No.KA-10/Q-5509 along with a pillion rider from Terakanambi towards Lakkuru village. When they reached near the bridge at Terekanambi Hundi petrol bunk, at that time, a lorry bearing registration No.KA05/C-7997 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the vehicle in which the claimant was proceeding. As a result of the aforesaid accident, the claimant fell down, sustained grievous injuries and was hospitalized.

3. The claimant filed petition under Sec. 166 of the Act seeking compensation. It was pleaded that he has spent huge amount towards medical expenses, conveyance, etc. It was further pleaded that the accident occurred purely on account of the rash and negligent driving of the offending vehicle by its driver.

4. On service of notice, the respondent No.2 appeared through counsel and filed written statement in which the averments made in the petition were denied. The age, avocation and income of the claimants and the medical expenses are denied. It was pleaded that the petition itself is false and frivolous in the eye of law. It was further pleaded that the driver of the lorry was not having a valid and effective driving licence. It was further pleaded that the liability is subject to the terms and conditions of the policy. It was further pleaded that the quantum of compensation claimed by the claimant is exorbitant. Hence, he sought for dismissal of the petition. The respondent No.1 did not appear before the Tribunal and hence he was placed ex-parte.

5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter recorded the evidence. The claimant examined himself as PW-1 and got exhibited documents namely Ex.P1 to Ex.P9 and also examined CW1 - Dr.T.S.Vasan and produced Exs. C1 to C3. On behalf of the respondents, neither any witness was examined nor got exhibited documents. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to compensation of Rs.11, 50, 645.00 along with interest at the rate of 6% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, these appeals have been filed.

6. The learned counsel appearing for the Insurance Company has raised the following contentions:

(i) Firstly, the accident occurred due to the negligence of the claimant. He came in a rash and negligent manner and dashed against the lorry and the accident has occurred in the middle of the road. But the Tribunal has erred in holding that the driver of the lorry alone is negligent in causing the accident.

(ii) Secondly, even though the doctor has deposed that the claimant has suffered 65% whole body disability, he has not suffered physical disability. Considering the injuries sustained by the claimant, the disability assessed by the Tribunal at 65% is on the higher side.

(iii) Thirdly, the claimant was inpatient for a period of 40 days. Considering the evidence of the doctor and the injuries suffered by the claimant, the compensation awarded by the Tribunal for 'pain and sufferings' and other incidental expenses is on