SHASHIKALA Vs. SHIVAKUMAR G R

JUDGEMENT

(1.) M.F.A.No.8584/2019 has been filed by the claimants seeking enhancement of the amount of compensation, whereas, M.F.A.No.3743/2019 has been filed by the insurance company under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) against the judgment dated 29.01.2019 passed by the Motor Accident Claims Tribunal. Since, both the appeals arise out of the same accident and from the same judgment, they were heard together and are being decided by this common judgment.

(2.) Facts giving rise to the filing of these appeals briefly stated are that on 24.10.2016, the deceased Eswaraiah GR @ Eshwar GR was traveling as a pillion rider in motorcycle bearing registration No.KA-44-S- 1696. When he reached near residential house of Kengegowda, the motorcycle which was being ridden by its rider Shivanna in a rash and negligent manner, dashed against a branch of a tree which had fallen across the road. 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 40 years at the time of accident and was an agriculturist and engaged in coconut and milk vending business and was earning a sum of Rs.4,00,000/- per month. It was further pleaded that accident took place solely on account of rash and negligent driving of the rider of the motorcycle. The claimants claimed compensation to the tune of Rs.40,00,000/- along with interest.