P. L. VANAJAKSHI Vs. RASOOL SAB

JUDGEMENT

(1.) Both the claimants and M/s ICICI Lombard Motor Insurance Co., Ltd., the insurer of the offending vehicle, are in appeal aggrieved by the judgment and award, dated 14.09.2015 passed in M.V.C. No.1385 of 2014 on the file of the III Motor Accident Claims Tribunal at Ballari (hereinafter referred to as 'the Tribunal', for short). The claimants not being satisfied with the quantum of compensation are in appeal in M.F.A. No.100041 of 2016 praying for enhancement of the compensation, whereas the insurer has filed M.F.A. No.103249/2015 questioning the liability saddled on it.

(2.) The claimants are the wife, parents and brothers of one Honnur Swamy who died in a road traffic accident. A claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') praying for compensation for the accidental death of Honnur Swamy in a road traffic accident which took place on 06/07-12-2014 involving motorcycle bearing No.KA-34/S-5008 and SRS bus bearing No.KA- 42/6007. The claimants contended that the deceased Honnur Swamy was aged 21 years as on the date of the accident and was earning Rs.500/- per day by doing coolie work, and was contributing his earnings to the family. On issuance of notice, the respondent Nos.1 and 2 remained absent, whereas respondent No.3-insurer appeared and filed its written statement. In the written statement, the entire case of the claimants was denied in toto. It is also denied the issuance of policy in respect of the offending vehicle and that respondent No.1 had no valid and effective driving licence at the time of the accident.

(3.) The claimants, in support of their case, got examined claimant No.1 as P.W.1, apart from marking the documents as Exs.P.1 to P.12. The respondent No.3- insurer examined R.W.1, apart from marking the documents as Exs.R.1 to R.4. The Tribunal, on scrutiny of the material placed before it, awarded a total compensation of Rs.8,85,000/- with interest at the rate of 6% per annum from the date of petition till realisation, on the following heads: