DIVISIONAL MANAGER ICICI SHRIKRISHNA TOWER, BELAGAVI Vs. JAYASHREE

JUDGEMENT

(1.) Even though the appeals are listed for admission and as both the appeals arise out of the same judgment and award, with the consent of the learned counsels for the parties, the appeals are heard together and disposed of by this common judgment.

(2.) Both these appeals are against the judgment and award dated 14.11.2018 passed in MVC No.124/2017 on the file of the I Additional District Judge and MACT-II, Belagavi (for short, 'the Tribunal'). MFA No.100950/2019 is by the insurer of TATA ACE goods vehicle bearing No.KA-23/A-9742 challenging the liability as well as the quantum of compensation awarded by the Tribunal. Whereas, the claimants are before this Court in MFA No.100276/2019 praying for enhancement of compensation.

(3.) The claimants are the wife, daughter and parents of the deceased Kedari Annappa Amate. Claim petition was filed under Section 166 of the Motor Vehicles Act claiming compensation for the death of Kedari Annappa Amate in a road traffic accident involving TATA ACE goods vehicle (for short, 'TATA ACE') bearing No.KA-23/A-9724 and tractor and trailers (for short, 'tractor') bearing Nos.KA-23/TA-6418, KA- 23/TB-2282, KA-23/TB-2283 and KA-23/A-9742. It is stated that on 10.12.2016 at about 11.30 p.m. when the deceased was proceeding in TATA ACE goods vehicle, one tractor loaded with sugarcane was proceeding ahead in a zig zag and rash and negligent manner. Due to the rash and negligent driving of the tractor, the trailer attached to it dashed to the TATA ACE goods vehicle on its left side, due to which the deceased sustained fatal injuries to his head and vital parts of the body and died on the spot.