DIVISIONAL MANAGER Vs. SHIVANAND BABU BADAKUNDRI

JUDGEMENT

(1.) MFA Nos.100265/2017, 100266/2017 and 100267/2017 are filed by the Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the M.V. Act) against the judgment and award dated 16.09 .2016 passed in MVC Nos.1520/2014 , 1765/2014 and 1764/2014 respectively on the file of the X- Additional District and Sessions Judge and Member, Additional MACT, Belagavi ( hereinafter referred to as 'the tribunal '), awarding compensation in a sum of Rs.9 ,43,729 /-, Rs.3 ,01,697 /- and Rs.3,05 ,000 /- respectively.

(2.) The facts leading upto filing of the present appeals briefly stated are that on 07 .06.2014, deceased-Babu Apprai Badakundri aged 56 years along with his daughter-in-law deceased- Arati Shivanand Badakundri aged 30 years and her minor children namely injured-Vandana Shivanand Badakundri aged 4 years and Nandish Shivanand Badakundri aged 2 years were proceeding to Hanchinal village on a motorcycle bearing registration No.KA-23/ W-3899 and when they reached near the house of one Basawani Ballappa Neralgi near Karaguppi village limits of Basapur to Pachchapur road, at about 2.15 p. m., a driver of Mahindra Maximo vehicle bearing registration No. KA-22 /B-9102 came from the opposite direction in rash and negligent manner and dashed against the motorcycle causing the accident. Due to the said impact, Shri Babu Apprai Badakundri and Smt. Arati Shivanand Badakundri sustained grievous injuries and succumbed to the same during the course of treatment and minor child- Vandana Shivanand Badakundri sustained grievous injuries and was shifted to KLE Hospital, Belagavi and was admitted as inpatient.

(3.) Thereupon the claim petition under Section 166 of the M. V. Act was filed in MVC No.1520/2014 by the husband and three children of the deceased-Arati Shivanand Badakundri contending inter alia that the deceased aged 30 years was hale and healthy doing agricultural work in her own field was growing commercial crops and vegetables and was transporting the same to Sankeshwar and Belagavi open markets thereby earning Rs.12 ,000/- per month and was contributing the said income for the maintenance of her family. That the untimely death of the deceased-Arati Shivanand Badakundri on account of the rash and negligent driving of the offending vehicle by its driver has caused emotional and financial distress to the claimants. Hence, sought for compensation.