BAJAJ ALLAINZ GENERAL INSURANCE COMPANY LTD. Vs. JAYALAKSHMAMMA

JUDGEMENT

(1.) M.F.A. No.5351/2017 has been filed by the claimant seeking enhancement of the amount of compensation, whereas, M.F.A.No.3048/2017 has been filed by the insurer of the offending vehicle (hereinafter referred to as 'the Insurance Company' for short) under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act , for short) against the judgment dated 02.12.2016 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal' for short) in M.V.C.No.416/2011. 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 the appeal briefly stated are that on 11.02.2011, the deceased Gangadhara HR was riding a motor cycle bearing Registration No.KA-06-EA2427 along with one Rajanna as the pillion rider near Hospalya Gate. At that time, another motor cycle bearing Registration No. KA-06-EC-6193 (hereinafter referred to as 'the offending motor cycle' for short), which was being driven by its driver in a rash and negligent manner, came from the opposite direction and dashed against the motor cycle which the deceased was riding. 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 23 years at the time of accident and was employed as a a Dapthari at BESCOM, Tumkur and was earning a sum of Rs.12,642/- per month. It was further pleaded that accident took place solely on account of rash and negligent riding of the offending motor cycle by its rider. The claimants claimed compensation to the tune of Rs.25,00,000/- along with interest.