NATIONAL INSURANCE COMPANY LTD. Vs. SUSHMA H.R.

JUDGEMENT

(1.) Mfa Nos.3402/2016 and 3403/2016 are filed by the insurance company challenging the judgment and award passed in MVC No.2260/2013 dated 09.12.2015 on the file of MACT, Bengaluru and MVC No.1090/2013 dated 18.04.2015 on the file of the MACT at Hassan, respectively, whereas MFA Nos.426/2016 and 9787/2017 are filed by the claimants in MVC No.2260/2013 under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act , for short). Since, all the appeals arise out of the same accident, they are heard together and are being decided by this common judgment.

(2.) Facts giving rise to the filing of the appeals briefly stated are that on 02.01.2013 the deceased persons B.J.Vinay, H.R.Srinivas and Janardhan were proceeding in a car bearing registration No.KA-02/MC- 4174 on Tirupati - Bangalore by-pass road. When they reached near Gandlakothur village, Yadamari Mandal, Chittoor district, Andhra Pradesh the lorry bearing registration No.KA-19/C-2163 drove the same in a rash and negligent manner, dashed against the opposite coming car. As a result of the aforesaid accident, the deceased persons sustained grievous injuries and succumbed to the injuries.

(3.) The claimants filed a petition under Section 166 of the Act on the ground that the deceased were aged about 29 years and 35 years, respectively, at the time of accident and were running bakery and were earning Rs.5,99,902/- per annum and Rs.50,000/- per month, respectively. The claimants claimed compensation to the tune of Rs.4,20,00,000/- and Rs.50,00,000/- respectively along with interest.