H R KSHAMA Vs. HANUMANTHE GOWDA

JUDGEMENT

(1.) Mfa No.5189/2015 is filed by the claimants whereas MFA No.4331/2015 is filed by the insurance company under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) being aggrieved by the judgment dated 23.03.2015 passed by the Motor Accident Claims Tribunal. Since, both the appeals arise out of the same accident as well as a common judgment, they are heard together and are being decided by this common judgment.

(2.) Facts giving rise to the filing of the appeals briefly stated are that on 26.10.2012 at about 10.30 a.m. the deceased H.S.Ramakrishna was proceeding in an autorickshaw bearing registration No.KA-02/AC- 2001. When he reached near Herohalli cross, Magadi road, Bengaluru, at that time, the driver of the said autorickshaw drove the same in a rash and negligent manner and dashed against the road side parked canter bearing registration No.KA-30/7877. As a result of the aforesaid accident, the 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 33 years at the time of accident and was employed as BPO Operation Manager at Capgemini Business services (India) Limited and was earning Rs.75,312/- per month. The claimants claimed compensation to the tune of Rs.2,00,00,000/- along with interest.