These appeals under Section 173(1) of the Motor

Vehicles Act, 1988 (hereinafter referred to as ‘the Act’,

for short) have been filed by the respondent No.2-

Insurance Company being aggrieved by the judgment

dated 17.11.2012 passed in MVC Nos.1769 and 1770

of 2010 by the Motor Accident Claims Tribunal-V,

Bijapur.

For the sake of convenience, parties are referred

to as per their ranking before the Claims Tribunal.

Appellant is respondent No.2, claimant in MFA

No.31599/2013 is claimant No.1 and respondent No.2

4

is respondent No.1 before the tribunal. These appeals

arise out of the common judgment passed by the

tribunal and they are taken up together for final

disposal.

2.

Facts giving rise to the filing of the appeal

briefly stated are that on 22.07.2010 at about 8.30

a.m., when the petitioners were proceeding on

motorcycle

bearing

registration

No.MH-45/J-0687

towards Ganapati temple, the petitioner Vijay was the

rider and Pratiba was the pillion rider, while they were

proceeding so near Vande Mataram Chowk infront of

MSEB office of Mahod road in Sangola, at about 8.30.

a.m., a truck bearing registration No.MWE-5295 came

from opposite side in high speed, rash and negligent

manner and dashed to the said motorcycle thereby

caused accident. Due to

which the petitioners

sustained injuries in the road traffic accident.

5

3.

The petitioners filed a petitions under

Section 166 of the Act seeking compensation. It was

pleaded that they have 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.

Respondent No.2 filed written statement in

which the averments made in the petition were

denied. It is contended that the truck bearing

registration No.MWE-5295 was not at all involved in

the accident. The petitioners colluding with the rider,

and owner/driver of the said truck and police have

registered a false case against the driver. It is

contended that the tribunal has no jurisdiction to try

the petitions. It is further contended that the

petitioners are suffering from non-joinder of necessary

6

parties. It is contended that the owner and insurer of

the motorcycle bearing registration No.MH-45/J0687,

have not been made as party to the petitions. It is

contended that the rider of the motorcycle and driver

of the truck were not holding valid and effective

driving licence. Hence, prayed to dismiss the petitions.

5. On the basis of the pleadings of the parties,

the Tribunal framed the following issues;

In MVC No.1769/2010:

(a)

Whether the petitioner proves that, he

has sustained bodily injuries in the

motor vehicle accident that occurred on

22.07.2010 at about 8.30 a.m., near

Vande Mataram Chowk, infront of MSEB

office at Sangola, within the limits of

Sangola police station on account of rash

and negligent driving of the truck

bearing registration No.MWE-5295, by

its driver, as alleged?

7

(b)

Whether the petitioner is entitled for the

compensation?

If

so,

what

is

the

quantum and from whom?

(c)

What order or award?

In MVC No.1770/2010:

(a)

Whether the petitioner proves that, she

has sustained bodily injuries in the

motor vehicle accident that occurred on

22.07.2010 at about 8.30 a.m., near

Vande Mataram Chowk, infront of MSEB

office at Sangola, within the limits of

Sangola police station on account of rash

and negligent driving of the truck

bearing registration No.MWE-5295, by

its driver, as alleged?

(b)

Whether the petitioner is entitled for the

compensation?

If

so,

what

is

the

quantum and from whom?

(c)

What order or award?

and thereafter recorded the evidence. The

petitioner in MVC No.1770/2010 examined herself as

8

PW.1 and petitioner in MVC No.1769/2010 examined

himself as PW-2 and three witnesses as PWs.3 to 5

and got exhibited documents namely Ex.P1 to Ex.P35.

On behalf of the respondent, the official of Insurance

Company was examined as RW-1 and got exhibited

documents namely Ex.R1 to