GIRIJADEVI Vs. SHRIDHAR R. PAI

JUDGEMENT

(1.) This appeal is preferred by appellants challenging the judgment and award dated 30.07.2016 in MVC No.39/20014 passed by the Principal Senior Civil Judge and Additional Motor Accident Claims Tribunal, (hereinafter referred to as 'Tribunal' for short) Dharwad, seeking enhancement of compensation.

(2.) Brief facts of the case are that on 22.09.2013 at about 8.00 p.m. when Maniram Jatav was going by the side of road near Dobalim junction, driver of Maruthi Swift car bearing registration No.GA-06-D/5382, came in high speed and zigzag manner, lost control over it and dashed against pedestrian-Maniram. As a result, Maniram sustained fatal injuries. Though, he was shifted to Cottage hospital, Vadam and thereafter to Chicalim cottage hospital, but died during treatment. At that time, he was working in Indian Navy INS HANS Dobalim, Goa and getting salary of Rs.31,020/- p.m. It was also claimed that during evening time, he was working in M/s Om Sai furniture and earning additional income of Rs.9,000/- p.m. His wife and son filed claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs.60,55,000/- against owner and insurer of offending vehicle.

(3.) After receipt of notice, respondent No.2 insurer entered appearance and filed written statement alleging that accident occurred when deceased suddenly in an inebriated condition tried to cross the road and due to his own negligence. Even age, occupation and income of deceased were denied. Respondent No.1-owner and respondent No.3 driver of offending vehicle also filed written statement alleging sole negligence on the part of deceased, besides opposing the claim as excessive by denying entire claim averments.