BASAMMALATE SHANKARAPPA Vs. MOHAMMED GHOUSE PEER

JUDGEMENT

(1.) These appeals are filed by the claimants as well as the Insurance Company challenging the judgment and award passed in M.V.C.Nos.6637/2013 to 6642/2013 dated 16.09.2015 on the file of Motor Accident Claims Tribunal, Bangalore, SCCH-11 The claimants are questioning the quantum of compensation and the Insurance Company is questioning the negligence as well as the quantum of compensation awarded by the Tribunal.

(2.) The factual matrix of the case is that on 14.10.2013 at about 11.30 p.m., the claimants and the deceased Shankarappa were proceeding in the car bearing No.KA-01-AA- 6036 from Tiptur to Bangalore via Magadi on Magadi-Bangalore Road slowly and cautiously on the left side of the road. At that time, the driver of the Tata Sumo car bearing No. KA-22-M- 4977 came from the opposite direction in rash and negligent manner on the wrong side and dashed against the car in which the claimants were proceeding. As a result, one of the occupant of the car died on account of the injury sustained by him and other occupants and driver have sustained injuries. The claimants and the legal heirs have filed the claim petition before the Tribunal claiming compensation for the injuries and the death of one of the inmate of the car.

(3.) The respondent-Insurance Company has appeared and filed separate written statement in all the claim petitions and contended that the driver of the offending vehicle was not having any valid driving license, permit and witness certificate and there is violation of the terms and conditions of the policy. The respondent-Insurance Company also contended that the accident was on account of the negligence on the part of the driver of the car in which the claimants were traveling.