MANJULA Vs. M.C.LATHA

JUDGEMENT

(1.) M.F.A.No.5890/2015 has been filed by the claimants seeking enhancement of the amount of compensation, whereas M.F.A.No.8603/2014 has been filed by the insurance company being aggrieved, by the judgment dated 26.08.2014 passed by the Motor Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal' for short). Since, both these appeals preferred under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) arise out of the same accident as well as same judgment passed by the Tribunal, they were heard together and are being decided by this common judgment.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 01.03.2011, the deceased Shivanna was proceeding on motorcucle bearing registration No.KA-32-K5526 on State Highway 19. When he reached near Badarikashrama Gate at 11pm, he dashed against the hind side of the lorry bearing registration No.KA-42-1887, which was parked negligently in the middle of the road without any signals or indications at night. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the same.

(3.) The claimants thereupon filed a petition under Section 166 of the Act claiming compensation on the ground that the deceased was aged about 48 years at the time of accident and was employed as a Headmaster at Barasidahalli Government High School and was earning a sum of Rs.18,000/- per month. It was further pleaded that accident took place solely on account of negligence of the driver of the lorry in parking the same without any indications at night. The claimants claimed compensation to the tune of Rs.50,00,000/- along with interest.