NATIONAL INSURANCE CO. LTD Vs. RANJITHA RAVI

JUDGEMENT

(1.) M.F.A.No.4422/2015 has been filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) by the insurance company whereas, M.F.A.No.6164/2017 has been filed by the claimants seeking enhancement of the amount of compensation. Since, both the appeals arise out of the same accident as well as a common judgment, they were heard together and are being decided by this common judgment.

(2.) Facts leading to filing of these appeals briefly stated are that on 20.08.2015 at about 6.45 a.m., the deceased Ravi @ Ravikumar was proceeding in company's car bearing registration No.KA-04/MQ-2611 with driver towards Bengaluru from Chowdeshwari temple, Sigandur on B.H. road NH-206. When they reached near Madenur Bovi colony, in front of Bricks factory, Tiptur the driver of the car drove the same at a high speed, in a rash and negligent manner and lost control over the car and hit the road-side tree. Due to the impact, deceased sustained grievous injuries and succumbed to the injuries on the way to the hospital.

(3.) The claimants filed a petition under Section 166 of the Act on the ground that the deceased was aged about 32 years at the time of accident and was working as Service Engineer at Oven Tech India Private Limited and was earning Rs.21,000/- p.m. and the claimants were dependants of the deceased. The claimants claimed compensation of Rs.50,00,000/-.