UNITED INDIA INSURANCE COMPANY LIMITED Vs. GAYATHRI

JUDGEMENT

(1.) Mfa No.6657/2016 is filed by the Insurance Company for reduction of compensation and MFA No.4991/2017 is filed by the claimants for enhancement of compensation, against the judgment and award dated 15.06.2016 made in MVC No.1745/2014 on the file of the I Additional District and Sessions Judge, MACT-II, Mangaluru, Dakshina Kannada, awarding total compensation of Rs. 23,28,200/- with interest at 6% per annum from the date of the petition till the date of realization.

(2.) It is the case of the claimants that the claimants are the wife and children of deceased Sathyaraj @ Sathyanarayan. On 01.02.2014, one Ramesh S. Rai was riding the motor cycle bearing registration No.KA-19/ED-0717 in which the deceased was traveling as a pillion rider and were moving from Kodekkal bridge side towards Perla side. At about 9.00 pm, when the motor cycle reached Perla junction, the rider took turn in order to go towards Bajal Veeranagar side, but lost control and dashed to the stone wall by the side of the road and fell into 10 feet deep ditch by the side of the road. Due to the said impact, the deceased sustained grievous injuries and was shifted KMC Hospital, Mangaluru, where he succumbed to the injuries. After conducting the post mortem, the body was handed over to the claimants who performed the obsequies ceremony by spending more than Rs. One lakh.

(3.) It is further case of the claimants that the jurisdictional police registered a criminal case against the rider of