HUSENSAB Vs. SALEEM

JUDGEMENT

(1.) The claimants and the Insurance Company are in appeal aggrieved by the Judgment and award dated 01.12.2015 in MVC No.594/2014 on the file of the Senior Civil Judge & Addl. MACT, Saudatti (for short "the tribunal").

(2.) Mfa No.101843/2016 is by claimants not satisfied with the quantum of compensation as well as saddling the contributory negligence to an extent of 25% on the deceased. Whereas, the Insurance Company is in appeal in MFA No.100694/2016, challenging saddling of contributory negligence at 75% on it.

(3.) The claimants are parents of the deceased-Hasan Husensab Kadakol. The claim petition came to be filed under Section 166 of Motor Vehicles Act, seeking compensation for the death of said Hasan Husensab Kadakol in a road traffic accident. It is stated that, on 23.07.2013, the deceased, who was working as cleaner was proceeding in goods truck bearing registration No.KA-24/B-0777 on Yergatti Munavalli road, near Benakatti village/canal, the driver of the said truck driven the same in a rash and negligent manner without observing road condition. Due to which, the deceased, who was sitting on the cleaner seat fell down from the truck, sustained grievous head injuries and subsequently succumbed to the said injuries on 25.07.2013. It is stated that, the deceased was working under respondent No.1 and was earning Rs.20,000/- per month, which he contributed to the maintenance of his family.