UNITED INDIA INSURANCE CO LTD Vs. SHOBHA SUVARNA

JUDGEMENT

(1.) M.F.A.No.111/2019, and M.F.A.No.110/2019 have been filed by the insurance company, whereas, M.F.A. No.915/2019 and M.F.A. No.918/2019 have been filed by the claimants seeking enhancement of the amount of compensation under Section 173(1) of the Motor Vehicles Act, 1988. Since, all the appeals arise out of the same accident and the same judgment dated 01.10.2018 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the tribunal' for short), they were heard analogously and are being decided by this common judgment.

(2.) The facts leading to filing of these appeals briefly stated are that on 08.04.2016 at about 1.00 p.m., the injured claimant Yogish Kanchan in M.V.C.No.974/2016 along with the deceased Puneeth in M.V.C.No.975/2016 as the pillion rider were proceeding on a moped. When they reached Indrali Railway cross junction, a car bearing registration number KA-19-Z-7002 which was being driven by its driver in a rash and negligent manner, without giving any signal made a sudden right turn and dashed against the moped of the injured claimant. As a result of the aforesaid accident, the deceased Puneeth sustained grievous injuries and succumbed to the same whereas the injured claimant in M.V.C.No.974/2014 was immediately shifted to Adarsh Hospital, Udupi for treatment where he was admitted as an inpatient for a period of 5 days.

(3.) The claimant in M.V.C.No.974/2015 viz., Yogish Kanchan filed a petition seeking compensation inter alia on the ground that on account of the accident, he sustained grievous injuries and multiple abrasions over both the lower limbs and was taken to Adarsh Hospital at Udupi and was inpatient for a period of 5 days. It was also pleaded that claimant was working as a fisherman and was earning Rs.15,000/- per month. It was pleaded the accident occurred due to rash and negligent driving of the offending car by its driver. It was also pleaded that the offending car was insured with respondent No.2. The claimant accordingly sought compensation to the tune of Rs.2,05,200/- along with interest.