SUSHEELA Vs. KUMARA

JUDGEMENT

(1.) Though these appeals are listed for admission, with consent of learned counsel appearing on both sides, it is heard finally and disposed of by this judgment.

(2.) M.F.A.No.805/2016 has been filed by the claimantappellant being aggrieved by the inadequate compensation awarded by the I Addl. Senior Civil Judge and Addl. Motor Accident Claims Tribunal-VII, Shivamogga (hereinafter referred to as 'Claims Tribunal') vide judgment and award dated 24.04.2015 passed in MVC No. 1081/2013, while M.F.A.No.4946/2015 has been filed by the appellantinsurance company being aggrieved by the quantum of compensation and fastening of liability on it.

(3.) The brief facts leading to the above appeals are that on 07.05.2013, one Pradeep was proceeding on his motorcycle bearing registration No.KA-20-EA-5783 to return to his village Gadikoppa from Shivamogga. At about 4.00 P.M., when he was near Muduba village on Shivamogga-Thirthahalli road, driver of lorry bearing registration No.KA-17-B-6090 drove it in a rash and negligent manner with high speed and dashed against the motorcycle. In the accident, Pradeep sustained fatal injuries and died. Alleging that the accident was on account of negligence of the lorry driver, and that the claimant (mother of the deceased) sustained loss of dependency, claim petition in MVC No.1081/2013 came to be filed under Section 166 of the M.V. Act, 1988 against the owner and insurer of the lorry. The total compensation claimed was Rs.45,40,000/-.