SUNIL SUMITRA SASE Vs. VIJAY JAYSINGH PATIL

JUDGEMENT

(1.) The claimants as well as the New India Assurance Company Limited the insurer of the offending vehicle are before this Court in these appeals against the judgment and award dated 21.02.2015 passed in M.V.C. No.2357 of 2012 on the file of the Senior Civil Judge & Additional Motor Accident Claims Tribunal, Chikodi, (for short 'the Tribunal'). While M.F.A. No.103100/2015 is by the claimants seeking enhancement of the compensation, M.F.A. No.102447/2015 is by the New India Assurance Company Limited questioning saddling of the liability to pay the compensation and the quantum of compensation.

(2.) The claimants are the parents of the deceased Ritwij. The claimants filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') claiming compensation for the death of one Ritwij in a road traffic accident. It is stated that on 04.07.2011, when Ritwij was proceeding on his motorcycle bearing No.KA-23/W5 3112, a TATA Dumper vehicle bearing No.MH-42/B-7094 came in a rash and negligent manner and dashed to the motorcycle on which Ritwij was proceeding, due to which Ritwij sustained grievous injuries and succumbed to the injuries at the Government Hospital. It is stated that the deceased was studying VII Semester, Mechanical Engineering in Rajarambapu Institute of Technology, Islampur. He was aged 23 years as on the date of the accident. It is stated that after the graduation, the deceased would have got a good job in an engineering company and would have earned a minimum of Rs.25,000/- per month.

(3.) On issuance of notice, respondent Nos.1 to 4 appeared before the Tribunal. But, only respondent Nos.1 and 3 filed their written statements. The respondents, in their written statements, denied the occurrence of the accident. Respondent No.4-National Insurance Company Limited contended that the accident occurred solely due to the rash and negligent driving of TATA Dumper vehicle and not due to fault of the deceased Ritwij.