P ANKI REDDY Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) THESE four appeals arise out of the impugned common judgment and award dated 30.11.2006 passed in MVC No.4823/2001 on the file of the IV Addl. Member, MACT, Bangalore (hereinafter referred to as the Tribunal for short). The Tribunal by its impugned judgment and award awarded a sum of Rs. 24,60,000/-with interest at 6% p.a. on account of the death of the deceased Sri. Muralimohan in the road traffic accident, as against the claim, of the claimants for Rs. 1,02,00,000/- in MVC No.4997/01 and Rs. 80,00,000/- in MVC No.4823/2001. The claimants i.e. the parents and wife of the deceased, claiming that the quantum of compensation awarded by the Tribunal is inadequate and it requires enhancement have filed M.F.A. No.4193/2007 & M.F.A. No.3451/ 2007.

(2.) THE brief facts of the case are as follows:- THE claimants being the wife of deceased and parents of the deceased have filed two separate claim petitions in MVC No.4997/2001 and MVC No.4823/2001 respectively on account of the death of the deceased late Sri. Murali mohan. On 10.10.2001, when the deceased was travelling on bike on 80 ft. road, 4th cross Sanjaynagar, due to the rash and negligent driving of the Suzuki Samurai No.KA-02-Q-5475, it dashed against the bike of the deceased. As a result, the deceased sustained severe injuries. He succumbed to the injuries on the way to the hospital. Be that as it may, the claimants contended that the deceased was aged about 29 years, by occupation he was a Software Engineer, having a bright career in the said field, drawing salary of Rs. 5,1,250/- p.m. But, unfortunately, on account of the severe injuries sustained in the road traffic accident, he succumbed to the injuries. THErefore, the claimants were constrained to file claim petitions seeking compensation against the insurer and the owner of the offending vehicle. THE said matter had come up consideration before the Tribunal. THE Tribunal, in turn, after assessing the oral and documentary evidence and other relevant material on file and further taking into consideration his age, occupation, allowed the claim petitions in part awarding a sum of Rs. 24,60,000/- with interest at 6% p.a. from the date of the petition till realisation in the ratio of 50:50 to each of the claimants (i.e. wife and parents) respectively i.e. 50% to the wife and 50% to the parents of the deceased. Not being satisfied with the quantum of compensation awarded by the Tribunal, the claimants have filed the appeals whereas, the insurer has also filed two appeals questioning the quantum of compensation awarded by the Tribunal to the claimants that it is on the higher side and fixing the contributory negligence only on the rider of the motor cycle is not justifiable and is liable to be modified accordingly.

(3.) AFTER careful consideration of the submissions of the learned counsel for the parties, the points that arise for consideration are:-