PUSHPAVATHI Vs. MANJAMMA

JUDGEMENT

(1.) These two appeals by the claimants and the Insurer are directed against the same judgment and award dated 2nd June 2008, passed in M.V.C. No. 1469/ 2005, by the Additional Civil Judge(Sr Dn) and Member, Additional Motor Accident Claims Tribunal, Hassan, (for short, Tribunal').

(2.) While the claimants have filed the appeal for enhancement of compensation on the ground that, the compensation of 3,88,000/- awarded in their favour, as against their claim for 10.00 Lakhs, is inadequate and needs to be enhanced, the Insurer has filed the appeal seeking to set aside the liability fastened on it by the Tribunal, on the ground that the cause of accident is on account of the negligence on the part of the deceased himself.

(3.) The facts in brief are that, the claimants are the wife, minor children and parents of the deceased Late Ramesh. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that between 8:30 P.M and 9:00 P.M. on 15-08-2005, when the deceased Ramesh was proceeding on his Motor bike bearing No. KA-13/L-3777, from Hassan to Vedavathi near Tavaradevara Koppalu Village, he met with an accident on account of rash and negligent driving by the driver of Tractor-Trailer bearing No. KA-13/T-5692 and KA-13/T-5693. Due to the impact, the deceased died on the spot.