BHARATHI SHAKTHI Vs. SRIRAMA GENERAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The Insurance Company as well as the claimants are in appeal challenging the judgment and award dated 161.2016 passed by the VI Additional District Judge and AMACT at Tumkur ['Tribunal' for short] in MVC No.54/2013 whereby the petition filed by the claimants has been allowed in part.

(2.) For the sake of convenience, the parties are referred to as per their status before the Trial Court.

(3.) The claimants preferred petition under Section 166 of the Motor Vehicles Act ['Act' for short] claiming compensation for the death of Shakthi Kumar Gundmi in the motor vehicle accident. It was averred in the claim petition that on 29.4.2012 while Shankthi Kumar Gundmi along with Eramma Gundmi, Vasantha Gundmi and Indira Shakthi Kumar Gundmi were traveling from Ilkal, Unagunda Taluk, Bagalkot District towards Bangalore in Indica Car bearing Reg.No.KA-29- 8629 at abut 4.00 a.m., on NH-4 road, met with the motor vehicle accident due to the actionable negligence of the driver of the Lorry bearing Reg.No.KA-05-C-8901 (offending vehicle) having parked the lorry on NH-4 road in a negligent manner without indicator/parking light. As a result of the said accident, Shakthi Kumar Gundmi died on the spot. It was contended that the deceased Shakthi Kumar was aged about 50 years and he was working as a Facility Manager in Paradigm Integrated Facility Services Private Limited, Peenya, Bangalore and earning salary of Rs.25,000/- per month and maintaining his family. The untimely death of the sole earning member of the family has caused mental shock and agony apart from loss of dependency to the claimants.