ICICI LOMBARD GENERAL INSURANCE CO. LTD. Vs. PUSHPA

JUDGEMENT

(1.) Being aggrieved by the judgment and award 28.03.2013, passed by the Principal Senior Civil Judge and CJM, & Addl. Motor Accident Claims Tribunal, Dharwad, (for short the Tribunal ) in MVC 99/2012, the Insurance Company has filed MFA No.24280/2013, challenging the jurisdiction of the Tribunal to entertain claim petition and quantum of compensation awarded by the Tribunal. The claimants have filed MFA. Crob No.100108/2015, seeking enhancement of compensation.

(2.) For the sake o f convenience , the parties in this appeal are referred to as per their ranking before the Tribunal

(3.) The averments in the claim petition are that the husband o f the first claimant Manoj was traveling as passenger on 14 .10.2011 , from Mangalore to Pune in VRL bus bearing registration No.KA-25/C-8868 and the said bus turned turtle on account of the rash and negligent driving of the driver, resulting in death of the husband of the first claimant. It is the case of the claimants that on account o f untimely death o f Manoj, the claimants became destitute and as such, filed MVC No .99/2012 in the Tribunal seeking compensation. After service of notice , the respondents entered appearance and filed detailed written statement contending that the driver o f the bus drove the same negligently and on account of the same the accident occurred. The owner of the bus-respondent No.1 contended that the vehicle in question is insured with respondent No.2 and accordingly sought for dismissal of the claim petition.